Railway line evictees have no proof of ownership, says KCCA
Posted Wednesday, August 6 2014 at 01:00
According to KCCA, the application seeking to temporarily stay the evictions is incompetent and in abuse of the court process.
A group of people challenging eviction from the railway reserves by Kampala Capital City Authority (KCCA) have not disclosed proof of ownership, city planning department has said.
In the sworn statement filed before the High Court in Nakawa, KCCA Physical Planning acting director, Mr Moses Atwine, said the application seeking to temporarily stay the evictions is incompetent and in abuse of the court process.
Mr Atwine said illegal development cannot be allowed to remain in the city, especially where it encroaches on a public utility.
The KCCA statement was in response to an application for a temporary stay of the evictions by a group of eight people representing more than 40,000 others residing and owning property in the railway reserves.
The complainants; Abdu Seguya, Ronald Mutyabule, Kasim Kalungi, Joan Higenyi, Wilson Musisi, Fred Sekasamba, Sam Lutalo and Ali Kiberu, through their lawyers led by Mr Caleb Alaka, allege that KCCA evictions are illegal because KCCA does not have the jurisdiction over the railway, which starts from Tororo through Pakwach up to Kasese and other areas.
“Most of the people have been in the areas for more than 10 years and paying dues to Uganda Railways and the defunct KCC. It becomes high handed for KCCA to evict people from a private property and without a court order,” Mr Alaka argued.
On July 29, the Acting Assistant Registrar of Nakawa Court, Ms Flavia Nassuna, issued express orders stopping KCCA and its workers from carrying out the evictions until their case is heard and determined. Ms Nassuna has set August 12 for hearing of the application.
KCCA insists that several people encroached on the railway reserves due to the cessation of railway transport hence KCCA is exercising its mandate to ensure that all development in the city is carried out in an orderly and regulated manner.