The High Court has overturned the government’s decision and directed the approval of the mixed-use development plans for Watoto Church.
Watoto Church, located along Kampala-Bombo Road, had sought permission to transform its premises into a 12-storey building featuring a three-star hotel, a 3,000-seater auditorium, a shopping center, and a youth center.
Initially, Kampala Capital City Authority (KCCA) declined to issue a permit for the redevelopment in 2019, citing the site’s classification as a national heritage site. KCCA proposed an alternative plan to preserve the cultural heritage features of Watoto Church.
However, the church rejected this proposal, asserting that their property was not officially listed as a protected site, thus maintaining their right to proceed with the redevelopment.
In response, Watoto Church and Kampala Playhouse filed a lawsuit in 2022 against KCCA and the National Physical Planning Board (NPPB), challenging the government’s decision and seeking approval of their submitted plans.
In his judgment, acting justice Douglas Karekona Singiza ruled in favor of Watoto Church, setting aside KCCA’s decision. Singiza issued a mandamus order to KCCA and NPPB, instructing them to reconsider the mixed-use development plans within three months. The judge emphasized that without a specific by-law designating Watoto Church as a national heritage site, it was unreasonable for KCCA and NPPB to reject the church’s plans.
Singiza’s ruling also highlighted the need for KCCA to enact a by-law within three years to identify and protect properties in the capital city deserving of national heritage site status. Additionally, the judgment suggested minimizing the role of the National Physical Planning Authority (NPPA) in land use planning and control within KCCA, as the ministry’s provisions are self-executing.
