Nyakana blocks Kampala flyover

Members of Parliament on the Physical Infrastructure Committee yesterday failed to make a breakthrough on the dispute between Uganda National Roads Authority (Unra), Kampala Capital City Authority (KCCA), and the proprietor of Nnalongo Estates at Centenary Park to acquire possession of the land required for Kampala Flyover project.
 The MPs were yesterday carrying out a fact finding visit to assess the progress of the Kampala Flyover Project. However, the owners of Nnalongo Estates, Ms Sarah Kizito, and husband Godfrey Nyakana, told the MPs they have a running lease for the land and will not surrender any part of it.

 Mr Nyakana and wife Kizito vowed not to surrender the required 4.7 acres of land that Unra wants for construction of the flyover, leisure park and detention pond for floods. The couple said they have a memorandum of understanding (MoU) with the Attorney General to occupy the land. However, they did not produce a copy of the MoU, which they said had not yet been signed by the Attorney General.
 On Wednesday, Unra officials appeared in Parliament and told the committee that phase two of the flyover project might delay because the owners of Nnalongo Estates had refused to vacate the premises on account of possessing a running lease.

During the site visit yesterday, Mr Andrew Sserunjogi Mukiibi,  the KCCA supervisor in-charge of road construction and maintenance, informed MPs that whereas Unra had earlier asked for only two acres of land for the flyover project, they had not included the space for the leisure park and the flood-detention ponds.
He said when the project designs were finalised, Unra asked for 2.7 more acres of land for leisure park and detention pond, hence increasing the required land to 4.7 acres before construction work starts.

Argument ensues
 However, Mr Nyakana and wife said they would not give away 4.7 acres because they agreed to give Unra only two acres. An argument ensued between the MPs, Unra and the couple, who accused the roads authority of intending to grab land they had paid for.

 “They should take only two acres, not 4.7. We agreed with KCCA, and this cannot change at the last minute. The controlling authority is KCCA and the leisure park does not exist on paper. KCCA should sit again and resolve. We shall give only two acres.  Unra must go to KCCA to ask for 4.7 acres. Unra is fond of grabbing land without compensating people,” Mr Nyakana said.
The MPs questioned why KCCA extended the lease for Nnalongo Estates on land that belongs to government when they knew the flyover project was underway.
Before KCCA could respond, Ms Kizito interjected and said President Museveni had resolved the land dispute and cleared them to have their lease extended.

She said they are supposed to receive a memorandum of understanding in this regard from the Attorney General.
 “We do have a dispute here, which we came to Parliament about. From Parliament, we went to see President Museveni and it was resolved. We are supposed to get an MoU from the Attorney General but it has taken him three years to sign it. KCCA signed and we signed but the Attorney General has not yet signed on it,” Ms Kizito said.

“President Museveni said there is no land that should be taken until the flyover is finished. So if Unra wants land, they will take it after the flyover is finished. We will not stop them from doing their works on the cleared two acres. They will come and put their flyover through, but not taking land. They requested for two acres and KCCA gave them two acres,” she added.

 Mr Caleb Mugisha, the KCCA acting director for legal services, had also earlier confirmed that they extended the lease following the memorandum of understanding drafted by the Solicitor General’s office and a legal opinion by the same office directing them to renew Nnalongo Estates’ lease for Centenary Park.

“Following various meetings and on instruction of the President and the Solicitor General, an MoU was drafted and forwarded to us with a legal opinion of the Solicitor General’s office that drew a conclusion to the effect that Nnalongo Estates leases should be extended in law because they are entitled to an extension,” Mr Mugisha told the MPs.
The chairperson of the parliamentary committee, Mr Robert Ssekitoleko, said they had told KCCA not to renew the lease, but they defied the directive.
 He said the committee would summon the Attorney General, Unra, KCCA and Nnalongo Estates owners to Parliament next week over the dispute.

MPs’ resolve
 “The Attorney General should come and explain why the lease was extended yet we had agreed not to do so. This should be done very fast so that we do not cause the government to pay a Shs1.8 billion fine per month for delaying the contractor,” Mr Ssekitoleko said.
Mr Samuel Muhoozi, the director for roads and bridges development at Unra, said if  the land dispute is resolved soon, they will start phase two of the flyover works immediately.

“We are told everything is catered for in the MoU we have never seen. If the government tells us to compensate Nnalongo Estates after resolving the dispute, we shall do so before construction starts,” Mr Muhoozi said.
Meanwhile, Mr Lawrence Pario, the head of bridges and structures at Unra, said the construction works of phase one that has Clock Tower and Nsambya flyover component is already ongoing.

 He said screw piles for foundation of the flyover have already been procured and real works for the under path is underway.

How conflict began

 KCCA in 2006 leased Centenary Park land to Nnalongo Estates owned by Mr and Ms Nyakana for 10 years to develop a recreation park and bridal garden. They were not allowed to construct permanent structures on the land but they  went ahead and did to the contrary.
In 2012, KCCA cancelled the lease but Ms Nyakana ran to the arbitration tribunal and won the case. The lease expired in 2016 after 10 years and KCCA declined to renew the contract.
However, Ms Kizito continued conducting business on the land. In 2017, Parliament asked KCCA to demolish illegal structures at Centenary Park.
One Thursday morning the same year, KCCA officials raided Centenary Park and demolished about 20 structures. However,  following intervention by State House, KCCA backed off.