The High Court has dismissed a case filed by residents of Mulawa-Kawuku village in Kira Municipality who were seeking to stop the construction of a church in their neighbourhood.
Justice Simon Peter Kinobe ruled that the case had no legal basis and described it as “frivolous and vexatious”.
16 applicants, led by Richard Ssebaggala, brought the case. Among them was Muhereza Kyamutetera, a business journalist and founder of CEO East Africa.
The group said they were acting to protect their right to a clean and healthy environment.
They sued Dr. Michael Kimuli of the Christian Discipleship Ministries International Limited, the National Environment Management Authority (NEMA), and the Kira Municipal Council.
The dispute started after Dr. Kimuli began constructing a church in Mulawa-Kawuku, an area the applicants described as purely residential.
In their affidavits, the residents stated that the project would affect their lives by causing noise, traffic congestion, and dirt.
They told the court that the construction “threatens to violate the applicants’ constitutional right to a clean and healthy environment, particularly the right to a noise-free environment”.
They also claimed that Dr. Kimuli had failed to carry out an environmental and social impact assessment before starting construction.
The residents further accused NEMA of failing in their duty.
Through their lawyers, R Mackay and Company Advocates, Kyamutetera, and others asked the court to stop the construction and revoke all approvals given to the project.
Dr. Kimuli strongly defended his church project, saying the case brought by the residents against him was based on fear rather than facts.
He argued that the complaints about noise, traffic, and littering had not yet happened. He said the application was “speculative, frivolous, and vexatious and therefore constitutes an abuse of court process”.
He told the court that he bought the land in 2017 for Shs 90 million and followed all the required procedures. He said he presented building plans, secured approvals, and complied with guidance from the Kira Municipal Council.
He also said the church building was designed to minimise noise pollution.
“The church structure being constructed is soundproof by design,” he told the court.
On the issue of environmental assessment, Dr. Kimuli argued that the law did not require one at the time construction began. He added that he later carried one out and submitted a report to NEMA.
He further told the court that officials from NEMA visited the site and allowed construction to continue while advising on improvements such as more parking spaces.
NEMA, represented by its legal department, confirmed that it had received complaints from residents and had asked the developer to stop construction until requirements were met.
Kira Municipal Council, represented by Famm Advocates, said it approved the project because it met all planning standards. It also argued that it is not illegal to build a place of worship in a residential area.
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In his judgment, Justice Kinobe carefully noted that the law allows people to go to court when their rights are violated or threatened. However, he stressed that there must be real evidence.
“The court will only entertain a public law action where there is a widespread and gross violation of fundamental rights,” he said.
Justice Kinobe found that the applicants had not proved any actual harm and agreed with Dr. Kimuli that the fears raised were only predictions.
“I find that the fears of the applicants are simply speculative,” he said.
He also noted that none of the applicants lived within 100 metres of the church, which reduced the likelihood of direct impact.
In strong language, Justice Kinobe concluded that the case lacked merit and dismissed it entirely. He ordered the applicants, including Kyamutetera, to pay the legal costs incurred by Dr. Kimuli, NEMA, and Kira Municipality.
