The High Court in Kampala has ruled that Kampala Capital City Authority (KCCA) is liable for the death of Olive Basemera, a 37-year-old street vendor who drowned in the Nakivubo drainage channel on August 4, 2017. Basemera died while attempting to evade a city enforcement operation during a heavy downpour. Her family had sued KCCA, arguing that its enforcement officers had pursued and threatened her, and that the Authority had failed to put adequate safety measures around the open drainage channel.
KCCA had argued that Basemera was responsible for her own death, claiming that she chose to flee and entered the stormwater channel at the sight of the enforcement team. However, the presiding judge, Boniface Wamala, found KCCA liable for negligence over its failure to adequately safeguard the open drainage channel. Although Basemera was found partly responsible for the circumstances that led to her death, the judge held KCCA accountable for not taking reasonable precautions to prevent accidents.
The judge noted that KCCA has a statutory responsibility under the Kampala Capital City Act to construct and maintain major drainage infrastructure. Evidence before the court showed that heavy rains and flash floods could cause stormwater to overflow drainage channels and roads, creating a foreseeable danger to people using the area. The judge said KCCA should have installed and maintained guardrails, placed warning signs, and sensitized the public about dangerous drainage areas.
The court found that Basemera was contributorily negligent, as she knew she was vending without a licence and acted negligently when she attempted to avoid arrest and ventured into stormwater near the open drainage channel. The court therefore attributed 30 per cent contributory negligence to her and reduced the damages accordingly. The court estimated that Basemera earned a net profit of 30,000 shillings a day from her street vending business, equivalent to about 900,000 Shillings a month.
Using a projected working life up to the age of 60, the court calculated her expected lost income at 248.4 million Shillings. After deducting 30 per cent for Basemera's contributory negligence and a further 30 per cent representing the portion of her income she would have spent on herself, the court awarded 121.716 million Shillings as compensation for loss of dependency. The amount was apportioned among her five dependants.
The court awarded specific amounts to each of Basemera's dependants, including 40.6 million Shillings to her two youngest daughters, Grace Komujuni and Misero Basemera. Rose Nalujja, one of the plaintiffs, received 30.516 million Shillings, while Basemera's grandmother, Dorita Kabahika, and sister, Mary Kansiime, each received 5 million Shillings. The court also awarded 2.2 million Shillings in special damages for funeral expenses.
The judgment comes barely a week after Commercial Division Judge Stephen Mubiru ordered KCCA to pay Bisons Consult International Limited 1.302 billion Shillings in special damages. It also comes against the backdrop of a 2021 High Court ruling in which Civil Division Judge Michael Elubu found that the Government and KCCA had infringed on Kampala residents' rights to life, protection from deprivation of property, and a safe and clean environment.
Key points
- KCCA was held liable for negligence over its failure to adequately safeguard the open drainage channel where the vendor drowned.
- The court found Basemera contributorily negligent and reduced the damages accordingly.
- The judgment is the latest in a series of rulings holding KCCA accountable for its role in maintaining safety and infrastructure in Kampala.
