law 4 October 2026 The Observer (Uganda)
KCCA Ordered to Pay Shs 124 Million Over Vendor's Drowning
The High Court has mandated the Kampala Capital City Authority (KCCA) to pay Shs 123.916 million to the family of Olive Basemera, a street vendor who tragically drowned in the Nakivubo channel in 2017. The court found KCCA negligent in failing to secure the open drainage channel, a hazard that contributed to Basemera's death. Source: https://observer.ug/news/kcca-fined-shs-124m-over-vendor-basemeras-death-in-2017
A High Court ruling has ordered the Kampala Capital City Authority (KCCA) to pay over Shs 123 million in damages to the family of Olive Basemera. The 37-year-old street vendor died in August 2017 after falling into the Nakivubo drainage channel during a heavy downpour.
Basemera’s family initiated a lawsuit against KCCA, alleging that the authority’s enforcement officers had pursued and threatened her during an operation targeting street vendors. They also contended that KCCA had failed to implement adequate safety measures around the open drainage channel, which they argued posed a significant danger.
While the court acknowledged that Basemera bore some responsibility for her death due to her actions in attempting to evade enforcement and entering the channel, it ultimately held KCCA liable for negligence. Justice Boniface Wamala found that KCCA had a statutory duty to maintain major drainage infrastructure and failed to take reasonable precautions.
These necessary precautions, the judge stated, should have included installing guardrails, posting warning signs, and educating the public about the risks associated with the dangerous drainage areas. The court rejected KCCA’s defense that open channels are common elsewhere, emphasizing that such practice cannot justify neglecting safety in an area prone to flash floods.
Consequently, KCCA was found to be in breach of its duty of care. Basemera was assigned 30% contributory negligence. The court calculated her estimated lost income, factoring in her daily earnings and projected working life, then reduced the award based on her negligence and personal living expenses. The total compensation, including special damages for funeral expenses, amounts to Shs 123.916 million, to be distributed among her five dependants.
This judgment follows other recent legal challenges against KCCA regarding infrastructure maintenance and public safety, including a significant payout for a breach of contract related to drainage construction and a prior ruling on the infringement of residents’ rights due to poor road and drainage upkeep.
Source: https://observer.ug/news/kcca-fined-shs-124m-over-vendor-basemeras-death-in-2017