Kiteezi deaths: Kisaka, Ssali committed to High Court for trial

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Former executive director of Kampala Capital City Authority (KCCA) Dorothy Kisaka, and her deputy, David Luyimbazi Ssali, have been committed to the High Court for trial in connection with the Kiteezi landfill collapse.

The Kiteezi landfill collapse occurred on August 10, 2024, and resulted in the deaths of 35 people and 23 others injured. It also destroyed people’s homes and properties in the three villages of Lusanja, Kiteitika and Kiteezi.

Kisaka and Ssali are battling charges of manslaughter, contrary to sections 170 (1) and 173 of the Penal Code Act and causing death by rash or negligent act, contrary to section 210 of the same Act.

The offence of manslaughter attracts a maximum sentence of life imprisonment, upon conviction.

They were today, July 3, committed for trial by Kasangati chief magistrate Beatrice Khainza, after receiving committal papers from the prosecution, confirming that investigations into the matter were complete.

However, the magistrate acquitted the former authority’s director of public health, Daniel Okello, of the charges after prosecution failed to adduce incriminating evidence against him.

In an indictment presented to court today, July 3, the Assistant Director of Public Prosecutions Lino Anguzu, contends that Kisaka and Ssali were aware of the imminent risks of the Kiteezi landfill more than four months prior to its collapse.

“The accused persons had received several notifications and warnings of the looming disaster but ignored it,” he said.

Anguzu said that in a report submitted to KCCA in December 2023, the Auditor General pointed out that Kiteezi landfill was a health and environmental hazard, which required urgent measures to remedy.

He said on April 18, 2024, the landfill management officer submitted a report to the accused persons and KCCA management on the persistent issues at the landfill.

In the report, the officer observed that continued operation of the landfill beyond its capacity had led to significant challenges jeopardising public health, safety and the environment.

The officer pointed out that formation of waste cliffs and unstable slopes is a risk to both the operational efficiency of waste management services and the safety of surrounding communities and requested KCCA to intervene.

“Kisaka and Ssali were aware of this report but neglected to act on it,” Anguzu stated.

He said the report will be used as evidence at the trial.

He said another report dated June 30, 2024, submitted to the duo, pointed out the development of cracks and waste movement, and the operational challenges it occasioned, including blocked drainage channels at the eastern part of the landfill and depleted work area.

In the same report, the waste landfill officer recommended key interventions to avert the situation, including reinforcement of waste management infrastructures, enhancement of drainage system and expansion of operational area, but it was not implemented.

According to Anguzu, the failure by Kisaka and Ssali to heed to the alerts, and implement the recommendation, contributed to the collapse of the landfill.

“The tragic incident could have been avoided had these interventions been made or approved by the duo,” he asserts.

The prosecution contends that the duo owed a statutory duty of care to each of the victims and the affected communities.

According to Anguzu, the accused persons failed, neglected, or omitted to perform their duties, which acts or omissions were unlawful.

He, therefore, said they should be found criminally culpable for the consequences resulting from the said failure, negligence or omissions.