The Committee on Physical Infrastructure has questioned the Kampala Capital City Authority (KCCA) over the post-construction approval of structures at Ham Shopping Centre, owned by businessman Hamis Kiggundu, which was constructed over the Nakivubo Channel.
The concerns were raised on Wednesday, July 15, 2026, when KCCA Deputy Executive Director Benon Kigenyi appeared before the committee, chaired by Hon. Mwine Mpaka, to brief Members on the city’s preparedness for the forthcoming rainy season and measures to mitigate flooding.
Members sought clarification on whether the concrete structures constructed over the drainage channel had been legally approved.
Kasilo County MP, Hon. Peter Paul Emaju, asked whether KCCA had authorised the construction of the shopping centre and other structures on the channel, which carries storm water from parts of Kampala into the Nakivubo drainage system.
Kigenyi told the committee that the structures currently have an approved plan, but the approval was granted after construction through what he described as an “as-built” approval process.
He explained that KCCA had initially halted the development but later processed the plans after the structures had already been erected.
“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 prompted further questions from MPs over whether KCCA had provided adequate guidance and enforcement before construction began.
Committee Chairperson Hon. Mwine Mpaka acknowledged that developments near waterways exist in cities around the world but stressed that such projects must comply with established planning and engineering regulations.
MPs also questioned whether external pressure had influenced KCCA’s enforcement decisions. Kigenyi denied this, maintaining that the authority had acted independently.
Mpaka further noted that although the committee was aware of a presidential letter supporting the project, such communication could not override existing laws.
“A presidential letter is not law. It is an instruction that must be implemented within the confines of the law,” he said.
The committee directed KCCA to submit more than 15 documents relating to drainage planning, flood management and the Ham Shopping Centre project. The requested documents include the Kampala Drainage Master Plan, engineering drawings, enforcement notices, the complete project file for Ham Shopping Grounds and a list of illegal developments along drainage channels.
KCCA was also asked to provide hydrological data on drainage capacity, cost-benefit analyses, files relating to Forest Mall in Lugogo, and details of project-affected persons and compensation paid.
Meanwhile, KCCA attributed recurring flooding in areas including St. Balikuddembe Market (Owino) to encroachment on drainage channels, unauthorised construction and blocked drainage systems.
Kigenyi told the committee that more than 90 per cent of the 295-metre Nakivubo drainage channel has been encroached upon, significantly reducing its capacity to carry storm water and increasing the risk of flooding.
The committee also urged KCCA to strengthen flood preparedness ahead of the rainy season, particularly in flood-prone areas including St. Balikuddembe Market, the Nakivubo Channel, the Nateete-Busega corridor, Kinawataka, Kalerwe and Bwaise.
The KCCA team is expected to return before the committee on July 31, 2026, together with the Minister for Kampala, to provide further responses and submit the requested documentation.
