law 8 October 2026 The Observer (Uganda)
Court finds KCCA partially liable for vendor's Nakivubo drowning; dismisses Shs11.3bn bypass claim
The High Court has ruled that the Kampala Capital City Authority (KCCA) bears partial responsibility for the drowning death of a street vendor in the Nakivubo drainage channel, while also dismissing a substantial claim by an Italian construction firm related to the Northern Bypass. Source: https://observer.ug/news/court-rules-on-nakivubo-drowning-northern-bypass-shs-11-3bn-claim
Nearly a decade after street vendor Olive Basemera drowned in the Nakivubo drainage channel, the High Court has determined that the Kampala Capital City Authority (KCCA) bears some responsibility for her death.
While the court could not prove that KCCA enforcement officers directly chased Basemera into the channel on August 4, 2017, Justice Boniface Wamala found that the authority had a statutory duty to ensure the safety of its major drainage systems. KCCA’s failure to implement adequate precautions to prevent public access to the open drain contributed to the tragedy, the judge ruled.
The court attributed 30% of the responsibility to Basemera herself, citing her engagement in unlicensed vending and her decision to flee into a dangerous stormwater channel. Consequently, her dependants were awarded Shs 121.7 million for loss of dependency and Shs 2.2 million in special damages, with the total compensation reduced by 30% due to her contributory negligence. The award will attract 10% annual interest.
In a separate significant ruling, the High Court dismissed an Shs 11.3 billion claim brought by Italian construction company Salini Constructori SpA against the government over the Kampala Northern Bypass project. Justice Stephen Mubiru found that the financial disputes central to Salini’s claim had already been resolved through arbitration and a subsequent settlement deed.
The company had sought payment for alleged failures in completing the final account statement for the road construction, which concluded in 2009. However, the court determined that the amounts Salini was demanding had either been paid, settled, or were part of a process that Salini itself failed to complete. The suit was dismissed, with costs ordered against the Attorney General.
Other notable court decisions included the remand of a former Mukono District Speaker on corruption charges related to alleged bribery for job promotion, and an order for Stanbic Bank to reverse a $41,541 payment mistakenly sent to the wrong account.