Bigirimana sues ICC Judge Sebutinde over Bugolobi apartment development

Judiciary Permanent Secretary (PS) Dr Pius Bigirimana

The High Court in Kampala has been asked to determine a dispute between Judiciary Permanent Secretary Pius Bigirimana and International Criminal Court judge Julia Sebutinde over the construction of a five-storey commercial apartment building in Bugolobi, which neighbouring residents say is unlawful and intrusive.

Bigirimana, together with three other residents of Bugolobi Bungalows, has sued Kampala Capital City Authority (KCCA), Justice Sebutinde, her husband John Bagunywa Sebutinde, and site supervisor Joseph Wamala.

The suit challenges the legality of a multi-storey development at Plot 8, Princess Anne Drive, Bugolobi, in Nakawa Division.

In their pleadings before the Civil Division of the High Court, the residents accuse KCCA of approving a commercial structure in what they describe as a residential-only zone. They argue that the approval contravened the Building Control Act and fundamentally altered the planning character of Bugolobi Bungalows.

According to the court record, the plaintiffs state that in 2022, the developers sought a letter of no objection from the Local Council I chairperson of Bungalows I village to construct a multi-storeyed commercial apartment block.

The local council leadership reportedly declined the request and advised that only renovation of the existing residential house could be considered. The residents claim that despite the refusal, KCCA proceeded to issue a building permit without the required local council endorsement.

The residents further allege that the approval resulted in an unlawful change of land use, transforming a residential neighbourhood into a commercial area.

They state that the construction has generated excessive noise, dust and vibrations, interfered with water and sewerage systems, and reduced the value of neighbouring properties.

In an affidavit supporting an application for a temporary injunction, Bigirimana told court that his home directly faces the construction site and that the building now overlooks his private living spaces.

“The five-storey structure directly overlooks my bedroom, bathroom, living areas and compound, severely undermining my family’s privacy,” Bigirimana stated, adding that the construction had caused constant disturbance and emotional distress.

Following complaints from residents, KCCA issued a stop order on November 20, 2025, directing that construction cease immediately.

However, the applicants allege that the directive was ignored and that construction continued, with the building rising from the third to the fifth floor under the supervision of the site manager.

Bigirimana subsequently filed a miscellaneous application seeking a temporary injunction to halt further construction pending the hearing of the main suit. His lawyer, Frank Kanduho, told court that the project was unlawful from the outset for failing to comply with Section 35 of the Building Control Act.

“The continued construction has occasioned irreparable harm through violation of the applicants’ right to privacy and quiet enjoyment of property,” Kanduho submitted, adding that monetary compensation would not adequately remedy the damage.

During the hearing, Kanduho withdrew the application against KCCA, a move court allowed, leaving the injunction application to proceed against the private respondents.

Opposing the application, counsel Masembe, representing some of the respondents, argued that the development was lawfully approved by the Physical Planning Committee on April 7, 2022.

He told court that Justice Sebutinde had obtained permission to construct a multi-purpose commercial complex, subject to securing a National Environment Management Authority (NEMA) certificate.

Masembe also submitted that Princess Anne Drive hosts several multi-storey buildings and commercial establishments, and that the applicants had failed to establish a prima facie case.

In rejoinder, Kanduho disputed claims that the area is predominantly commercial and maintained that the project is governed by the Building Control Act. He reiterated that workers on the upper floors can see directly into neighbouring homes.

Court is expected to issue directions and deliver a ruling on the application for a temporary injunction electronically via the ECCMIS system on January 13.

In her defence on record, Justice Sebutinde states that she is the registered owner of Plot 8 and has lived there since 1998.

She says she obtained all required approvals, including a KCCA development permit, a NEMA environmental certificate, and a building permit, and disputes claims of nuisance, loss of privacy, or unlawful construction.