The Constitutional Court has dismissed a petition by John Imaniraguha, the boss of Fuelex, who accused government agencies of unlawfully destroying his properties in Makindye and Nakawa wetlands.
The Dispute
Imaniraguha alleged that the Kampala Capital City Authority (KCCA) and the National Environment Management Authority (NEMA) demolished his structures on Kyadondo Plot 254 in Kansanga, Makindye Division, and Plot 5 Mukabya Road in Nakawa Division—actions he claimed violated his constitutional rights.
Despite securing court orders from the Nakawa Chief Magistrates’ Court and the High Court temporarily restraining authorities from interfering with his developments, he argued that officials disregarded these rulings, violating Article 128(3) of the Constitution.
Court’s Verdict
A panel of five justices, led by Geoffrey Kiryabwire, ruled that the petition had no merit, stating that the Constitutional Court lacked jurisdiction to hear the case. The justices advised Imaniraguha to seek remedies in a competent court under Article 50 of the Constitution.
🔹 Other justices on the panel included:
- Cheborion Barishaki
- Muzamiru Mutangula Kibeedi
- Irene Mulyagonja
- Oscar John Kihika
🚨 Key Ruling: The court directed that the multiple cases related to the dispute, which have remained unresolved for 13 years, should be consolidated and fast-tracked within six months to ensure justice is not delayed.
The Background
Court documents reveal that in 2010, Imaniraguha initiated fuel station developments on the disputed properties after obtaining NEMA approvals and plans sanctioned by Kampala City Council (now KCCA). However, soon after construction began, NEMA and KCCA officials revoked the approvals and demolished the structures, citing environmental violations—arguing that the properties were illegally developed in a wetland.
Legal Clarification
In their March 11, 2025 ruling, the justices clarified that if a party wishes to raise constitutional interpretation questions, they should file a separate petition under Article 137(5) instead of merging them into trial court proceedings.
What’s Next?
With the Constitutional Court’s decision, the legal battle now shifts to the High Court, where Imaniraguha must pursue his case through the appropriate legal channels.
This ruling reaffirms Uganda’s commitment to environmental conservation, reinforcing the government’s tough stance against wetland encroachment despite legal challenges from developers.
