The High Court has ordered the Nakivubo Registered Trustees board to produce agreements that led to the rehabilitation of the stadium allowing various business developments to occupy greater part of the 13 acres by Ham Enterprises Limited.
This was as the Nakivubo Registered trustee board chairperson Charles Ogwaru as defendant witness appeared before high court judge Elisabeth Jane Elvisa for cross examination.
Ogwaru was queried on under what circumstances Ham enterprises carried out demolitions around and within the stadium when all he was supposed to do was rehabilitation.
He however noted that there are three different agreements that were signed between them and Ham with the very latest allowing Ham to carry out developments even on the stadium itself.
Court, however, hit a snag when he was asked to produce the three agreements that define what exact activities were supposed to be carried out during the rehabilitation and for court to understand whether current activities are within what was provided for.
Prior to this the KCCA Director Physical Planning Moses Atwiine had also failed to produce documents detailing what exact developments the authority approved on the 12 acres after he said that according to their records only two acres is left of the 12 acres for the stadium with the rest willed with
The director also told court that it was in law for the same project to have multiple development plans approved on scale-up basis and why they approved development on land which wasn’t open for development according to the trustee act to which he noted the same had already been approved cabinet, Ministry of Education and Sports and the attorney general.
Atwiine was also queried on whether the authority considers if one party is being duped especially when it comes to Public Private Partnerships, which he said was full responsibility of parties in agreement not them.
Eight persons that participated in various sports activities dragged the board of trustees and management of Nakivubo war memorial stadium, Kampala City Council Authority, the attorney general and Ham enterprises limited to court challenging the construction agreement that was reached for redevelopment of Nakivubo Stadium by Ham before the law providing for the public private partnership was illegal since its government supposed to redevelop stadiums.
These want court to declare that development of shopping malls and lockups by Ham Enterprises Limited on the stadium land was illegal since it doesn’t enhance sporting activities and that the business center only turns the stadium into a grocery and not sports center.
These also want court to order investigation into the procurement process that saw Ham enterprises awarded the contract to carry out the constructions and developments under question.
And they want orders for the minister of sports and education to dissolve the current board of trustees for incompetence, negligence and failure to follow the law and appoint another board in accordance with the law.
The respondents in the suit include KCCA, the Attorney General and Ham enterprises Ltd are battling a suit after a group of sports personalities petitioned the court challenging the redevelopment of the stadium saying it didn’t follow due diligence.
The plaintiffs argue that redevelopment of the same should not be driven towards other businesses outside of sport, but enterprises in line of sport.