KCCA held liable for vendor’s death, ordered to pay over Shs123 million

What the report says

The High Court in Kampala has ordered Kampala Capital City Authority (KCCA) to pay 123.916 million shillings to the family of street vendor Olive Basemera, who drowned in the Nakivubo drainage channel in 2017 while trying to avoid a city enforcement operation. The ruling was reported by The Independent Uganda and was delivered by Justice Boniface Wamala.

According to the court’s findings, Basemera fell into the open channel during heavy rain and flash flooding. Her family had argued that KCCA officers chased and threatened her during a crackdown on street vendors and that the authority failed to secure the drainage area. KCCA denied responsibility, saying she fled on her own. The judge did not accept that officers had been proven to have chased her, but still found KCCA negligent for failing to adequately safeguard the open drainage channel.

The court said KCCA had a legal duty to maintain major drainage infrastructure and should have taken reasonable safety steps such as guardrails, warning signs and public awareness campaigns. It also held that Basemera was partly responsible because she was vending without a licence and tried to evade arrest, assigning her 30% contributory negligence. After adjustments for dependency and funeral costs, the award was set at 123.916 million shillings and divided among five dependants.

The decision adds to earlier court criticism of KCCA and government over unsafe drainage and road infrastructure in Kampala. More broadly, it reflects continuing legal and public concern about the risks posed by open channels in the city, especially during heavy rains.