Investor Fined 200M for Wetland Encroachment

The Standards Utilities and Wildlife Court has sentenced Kerim Ray, Director of Yamani Construction Limited, to pay a fine of 200 million shillings and restore the Lwajjali Wetland in Mukono.

Chief Magistrate Gladys Kamasanyu found Ray guilty of violating environmental laws by encroaching upon and depositing murram in the wetland.

Ray was ordered to pay a cumulative fine of 150 million shillings for failing to comply with environmental regulations, with a default sentence of five years in prison. An additional 50 million shillings fine was imposed for depositing murram, with a default sentence of two years. The jail terms will run concurrently.

The court mandated Ray to restore the Lwajjali Wetland within 30 days under the supervision of the National Environment Management Authority (NEMA).

This decision followed an inspection report revealing that Yamani Construction Limited had cleared vegetation and backfilled murram in the wetland.

The prosecution argued that on June 30, 2024, in Gongobe village, Mukono District, Ray failed to adhere to the environmental social impact assessment certificate issued to his company, extending beyond the authorized area and depositing murram without proper authorization.

Magistrate Kamasanyu acknowledged Ray's guilty plea, noting it saved the court's time and resources, which influenced the lenient sentence. However, she highlighted the significant role wetlands play in filtering waste, controlling floods, and supporting aquatic life, emphasizing the dire consequences of their destruction, such as the frequent flooding in Kampala.

Eric Avunalo, a Ugandan national convicted alongside Ray, received a caution after pleading ignorance of the environmental boundaries, as he was following his employer's instructions.

In a separate case, the same court remanded seven Chinese nationals to Luzira Prison for disturbing the Lwera Wetland by unauthorized drilling. The court adjourned their case until July 30, 2024, to finalize inquiries and organize sureties.

Chief Magistrate Kamasanyu stressed the importance of wetlands and the need for strict adherence to environmental laws to prevent further degradation and protect the ecosystem