The Kampala Capital City Authority (KCCA) has come under scrutiny over the approval of Ham Shopping Centre built on the Nakivubo Channel, with legislators questioning how the development obtained clearance after construction had already taken place.
The issue emerged before Parliament’s Committee on Physical Infrastructure as KCCA Deputy Executive Director Benon Kigenyi appeared to brief MPs on the city’s flood preparedness ahead of the rainy season and measures being taken to manage recurring flooding.
Members of the committee, chaired by Mwine Mpaka, questioned whether KCCA had authorised the construction of the concrete structures erected over the drainage channel, which carries storm water from parts of Kampala into the wider Nakivubo drainage system.
Kasilo County MP Peter Paul Emaju asked Kigenyi to explain whether the authority had approved the development before construction began and whether environmental and planning requirements had been followed.
Kigenyi told MPs that the project currently has an approved plan, but the approval was issued after construction through what he described as an “as-built” approval process.
He explained that KCCA initially stopped the development but later processed the plans because the structures had already been completed.
“It was an immature development. As regulators, we had to come in, but the law allows us to approve what is already there through the as-built process,” Kigenyi said.
The explanation triggered further concerns among legislators, who questioned whether KCCA had failed in its regulatory role by allowing a development to progress before approval.
Committee chairperson Mpaka said while developments near waterways exist in many cities around the world, such projects must comply with established planning, engineering and environmental standards.
He also questioned whether KCCA had faced external influence in handling the project, but Kigenyi maintained that the authority acted independently.
Mpaka further cautioned that political communication could not replace legal procedures, referring to reports of a presidential letter supporting the project.
“A presidential letter is not law. It is an instruction that must be implemented within the confines of the law,” Mpaka said.
The committee directed KCCA to provide more than 15 documents relating to drainage planning, flood management and the Ham Shopping Centre project.
Among the documents demanded are the Kampala Drainage Master Plan, engineering drawings, enforcement notices, the full project file for Ham Shopping Grounds, and details of developments along drainage channels that have been deemed illegal.
MPs also requested hydrological data on drainage capacity, cost-benefit analyses, files relating to Forest Mall in Lugogo, as well as information on project-affected persons and compensation paid.
Flooding crisis
Meanwhile, KCCA blamed recurring flooding in parts of Kampala, including St Balikuddembe Market (Owino), on years of encroachment on drainage channels, illegal construction and blocked waterways.
Kigenyi told MPs that more than 90 per cent of the 295-metre Nakivubo drainage channel has been encroached upon, reducing its ability to handle storm water and worsening flooding risks.
He said the situation has been compounded by developments that have narrowed drainage corridors, leaving the city vulnerable during heavy rains.
Mpaka urged KCCA to strengthen flood preparedness, especially in high-risk areas such as St Balikuddembe Market, Nakivubo Channel, Nateete–Busega corridor, Kinawataka, Kalerwe and Bwaise.
The KCCA team is expected to return before the committee on July 31, 2026, alongside the Minister for Kampala, to provide further explanations and submit the requested documents.
