Fuelex boss loses petition against NEMA and KCCA

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The Constitutional Court has dismissed a petition by Fuelex boss John Imaniraguha, who accused government officials of illegally destroying his properties in Makindye and Nakawa wetlands.

The said properties are located in Kyadondo Plot 254, Kansanga, Nabuti, Makindye Division, and Plot 5 Mukabya Road, Nakawa Division, Kampala.

Imaniraguha claimed that they were destroyed by Kampala Capital City Authority (KCCA) and National Environment Management Authority (NEMA) officers, arguing that the alleged actions violated constitutional provisions.

He contended that the officials’ refusal to comply with the Nakawa Chief Magistrates’ Court judgment and the High Court orders that temporarily prohibited them from interfering with his developments contravened Article 128(3) of the Constitution.

However, five justices led by Geoffrey Kiryabwire agreed that Imaniraguha’s petition lacked merit because there were no questions for interpretation.

The other justices included Cheborion Barishaki, Muzamiru Mutangula Kibeedi, Irene Mulyagonja and Oscar John Kihika.

“This court has no jurisdiction to entertain any of the issues raised in the petition. The remedies sought in this petition may be available in a competent court under Article 50 of the Constitution,” ruled Kiryabwire.

The justices made no orders as to costs but directed that the consolidated suit be expeditiously heard within the next six months. The multiple cases involving the dispute are before the High Court in Kampala.

“These cases have been in the court system for the last 13 years without resolution and therefore should be consolidated for expeditious disposal,” directed the lead judge.

Citing Article 126 (2) (b) of the Constitution, the justices said justice should not be delayed.

In a ruling dated March 11, 2025, the justices advised that where parties have filed matters in a trial court and wish to raise constitutional questions for interpretation, they should file a separate petition and apply for a reference of that question under Article 137(5) of the Constitution.

Court documents indicate that in 2010, Imaniraguha commenced the process of developing the said properties into fuel and service stations and to that effect obtained necessary permissions from NEMA and approved plans from Kampala City Council (now KCCA).

Upon commencement of the developments, NEMA and KCCA environment officers sought to revoke environment permissions and demolished Imaniraguha structures, on grounds that they were illegally erected in the wetland.