KCCA fined UGX 150 million for defying court orders

Kampala, Uganda |  THE INDEPENDENT |  The High Court Civil Division has fined Kampala Capital City Authority-KCCA Shillings 150 million for contempt of court orders. The ruling stems from an application filed by Bin It Services accusing KCCA and it Executive director of defying an order issued by the same court in 2018.

Bin It Services successfully petitioned court to quash a notice published by the authority in New Vision informing the public that Kasasiro and Homeklin companies were the only companies licensed to handle garbage collection in zone one, two and six of Nakawa Division and zone 3 and 4 respectively.

In his ruling Justice, Musa Ssekaana ordered KCCA to withdraw the notice and publish another notice informing the public about their right to contract any authorised private collectors or opt out of the KCCA’s garbage collection system altogether.

He also ordered the Authority to authorize all or any person willing and able to meet the generally applicable and rational licensing requirements for the business of collecting garbage without victimising the applicant. However, KCCA defied the orders prompting Bin It Services to return to court accusing the authority for contempt of court.

They also asked court to order the arrest of the KCCA Executive Director and attachment of its property for violating the 2016 orders. They also asked court to order KCCA to compensate them aggravated or exemplary damages of Shillings 1.5 billion for financial loss caused because of non-compliance.

The applicant said they had written severally to KCCA seeking a license to provide garbage collection services but received no response. According to the applicant, they lost about Shillings 81.7 million having lost 179 of their clients and Shillings 7.2 million in hiring news trucks and recovering their trucks that were impounded by KCCA.

They asked court to order KCCA to compensate them aggravated or exemplary damages of Shillings 1.5 billion for financial loss caused because of non-compliance. In its defense, KCCA told court that they have legal mandate to regulate or license the depositing on any street, public place or unoccupied land of any refuse and / or rubbish in accordance with the Kampala Solid Waste Management Ordinance (2000).

Delivering his ruling on Tuesday this week, Justice Musa Ssekaana noted that the arguments put forward by the respondent are an afterthought having failed to comply with court orders, adding that the applicant was among the registered and permitted garbage collectors before KCCA created its current system involving specific companies.

He said there was no basis to create exclusive rights to collect garbage to the detriment of other private actors who have always been in the same business but for reasons beyond their control have not been given concessionaire agreements. He observed that non-compliance with court orders has become commonplace, particularly in certain government departments or agencies.

Justice Ssekaana noted that the proceedings before court now are intended to punish the Respondent for ignoring court orders and continuing with the conduct earlier complained of. “In the circumstances, this court finds that the Applicant is entitled to exemplary damages as a way of punishing the Respondent for the continued disobedience of the court order. This would be further compensation for the continued inconvenience caused to the Applicant,” he ruled

He ordered KCCA to pay exemplary damages of Shillings 150 million at an interest rate to be determined by court from the date of the ruling until full payment is made. He also fined KCCA Shillings 20 million as a penalty for contempt of court orders.

Justice Ssekaana also directed KCCA officials directly responsible for the mess to pay the applicant a further Shillings 25 million monthly for any further contempt of the court order after the ruling.

Background   

In 2016, Bin IT Services Limited ran to court accusing KCCA, Kampala Solid Waste Management Consortium Ltd (Kasasiro) and Homeklin Uganda Limited of monopolizing garbage collection in certain parts of Kampala.  It came after KCCA licensed Kasasiro to handle garbage collection in zone one, two and six of Nakawa Division and Homeklin in zone 3 and 4.

Zone one Includes areas like Kyebabdo, Kawempe 1, Bwaise 1, 2 and 3, Mulago, Bukoto and Makerere among others, Zone two has Mbuya 1 and 2, Mutungo, Butabika, Gugoloobi, Nakawa, Ntinda and Babiri 1 and 2 among others while Zone three covers Kansanga, Ggaba, Buziga, Salaama, Kibuli, Nsambya, Industrial A and Kabalagala among other areas.

Zone Four covers parts of Mutundwe, Kabowa, Najjanankumbi, Makindye, Kibuye and  Katwe among other areas while Zone Five covers areas of Lubya, Busega, Lungujja, Rubaga, Nateete, Nakulabye and Kasubi among others. Zone six covers Makerere, Muluka, Mulago 1 and Wandegeya among other areas as Zone seven covers the Civic Center, Kololo, Kamwokya Nakasero and Nakivubo among others.

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