Justice Musa Ssekaana of the Civil Division of the High Court has ordered Kampala Capital City Authority (KCCA) to pay Shs 35 million to Rebecca Mayanja Nalule as compensation for injuries sustained after she fell into an open manhole along Jinja Road in 2018.
The court also awarded Nalule 15% annual interest on the compensation until it is fully paid, in addition to all her legal costs.
The ruling found KCCA guilty of negligence in maintaining public infrastructure, a failure that directly caused the incident near the Rugby Grounds, opposite Shoprite. Justice Ssekaana emphasized that KCCA had a responsibility under the Kampala Capital City Act to ensure public safety, which includes maintaining roads, drainage systems, and other public infrastructure.
Nalule, who filed her lawsuit in 2020, accused KCCA of breaching its duty by failing to cover the manhole or provide adequate warnings to pedestrians. Represented by her lawyer, Nicholas Ssenkumbi, Nalule argued that this negligence endangered public safety and resulted in her life-changing injuries.
KCCA denied liability, claiming there were no open manholes in the area at the time of the incident. The authority also contended that Nalule failed to report the accident immediately and lacked sufficient evidence to support her claims. They argued that her decision to initially seek treatment at a pharmacy instead of a hospital further weakened her case.
Justice Ssekaana, however, concluded that the evidence provided by Nalule was sufficient to establish that her injuries were caused by the fall. He stated that KCCA’s failure to secure the manhole or provide adequate warnings constituted negligence. “This court holds KCCA accountable for its failure to ensure the safety of public infrastructure. Such negligence cannot be overlooked,” he said.
The judgment sheds light on the broader issue of negligence regarding open manholes across Kampala, which has led to numerous accidents and public concern. Justice Ssekaana’s ruling underscores the need for KCCA to prioritize infrastructure maintenance and public safety to prevent similar incidents in the future.
Nalule expressed relief at the outcome, stating that while the compensation cannot undo the harm, it represents a significant step toward justice. She also urged KCCA to take its responsibilities seriously to avoid further tragedies.
This ruling not only provides closure for Nalule but also serves as a warning to public authorities to uphold their duty to maintain safe and functional infrastructure for all citizens.
