Kabale market traders petition high court against new govt guidelines

Three hundred lock up owners at Kabale central market led by their association chairman Rev Canon Jack Katarishangwa have filed a court petition against the Municipal Council and the attorney general- challenging the guidelines issued by the ministry of local government.

They say the “new August 2022 guidelines take away their right of ownership of the lockups.”

Further, the guidelines suggest that stall allocation shall be by raffle whereby a vendor can only get it by picking a random number guided by the allocation committee. 

The complainants are now asking court to issue a permanent injunction restraining the defendants from allocating the lock up shops contrary to the Memorandum of Understanding (MoU) that was signed before the old market structures were demolished.

Before the demolition, Kabale municipal council and the ministry of local government signed a MoU with the then lockup shop owners promising that they will be prioritized during stall allocation in the new marke and that their leases would be maintained as shop owners until expiration. 

Shortly after the ministry of local government made a U-turn in the new guidelines indicating that the newly constructed Kabale central market was a government facility and regarded all traders as tenants.

The plaintiffs now seek an order that guarantees they maintain their lease until its expiration.

In addition, they want compensation of Shs50million for lock-up owners under civil suit No.47/2022 given to at Kabale High Court on December 15. 

On December 16, the court’s deputy registrar Mr Samuel Twakire  issued summons against Kabale municipal council and the attorney general to file defence within fifteen days from the date of service.

“Should you fail to file a defence on or before the date mentioned above, the plaintiff may proceed with the suit and judgment may be given in your absence,” court said. 

In a separate interview, the Kabale Municipal Mayor Mr Sentaro Byamugisha said: “After the verification and shop allocation exercise, the traders that are not protesting the new arrangement shall be allowed to occupy their shops in the new market premises and those that have opted for court shall be considered after the court case is finally concluded.Our lawyers shall soon file defence as required by court,” Mr Sentaro Byamugisha said.

The Shs23billion Kabale central market comprise 494 lockup shops, 20 bulk stores, 385 stalls, 76 matooke pitches, 20  fish shops, 10-chicken cages,12-kitchen cooking units, 30 toilets,12 bathrooms,10 urinals, CCTV cameras, a police station, public address system, piped water , electricity connection, a parking yard measuring 4,580meters squared, firefighting equipment among others and it has capacity of accommodating 1,090 vendors at once.

Built through an African Development Bank-funded Markets and Agricultural Trade Improvements Project (MATIP) loan, the facilty was handed over to authorities by the contractor, Chongqing International Construction, on December 1.