Yesterday 20th January 2015, the Constitutional Court dismissed with costs Application No. 47 of 2014 filed by EUTAW Construction Company and Apolo Senkeeto in which they had asked court for an Interim Order restraining UNRA from terminating the Mukono-Kyetume-Katosi/Kisoga-Nyenga road contract and the Attorney General (Police) from investigating and confiscating his property.President Museveni flagging off construction of Mukono- Katosi Road
The Petitioners had specifically asked the Court to restrain UNRA and the Attorney General from the following:
1. Terminating the EUTAW Construction Company Contract for upgrading of Mukono-Kyetume-Katosi/Kisoga-Nyenga road.
2. Procuring a new contractor for upgrading of Mukono-Kyetume-Katosi/Kisoga-Nyenga road.
3. Investigating and holding properties of ApoloSenketo in relation to the Mukono-Kyetume-Katosi/Kisoga-Nyenga road project
Justice Mwangutsya Eridad of the Constitutional Court decided that the Second Applicant (Apolo Senkeeto) has no legal capacity to institute a case on behalf of EUTAW Construction Company. The Court also found that there was no evidence to show that the Main petition was likely to succeed because the Petition did not disclose issues for Constitutional interpretation. The Court ruling allowed the project to go on and held that nothing should stop Police from conducting an investigation.
This Ruling gives Uganda National Roads Authority an opportunity to proceed with a new contractor and open a new chapter in this rather unfortunate procurement. The lowest new bidder under the emergency procurement for Mukono-Kyetume-Katosi/Kisoga-Nyenga road was SBI JV RCC with a bid of 179bn shillings (excluding 10% Physical Contingency, 10% Price Contingency and 18% V.A.T.) as per tender requirements. The 10% Physical Contingency would be for extra works for construction of Nyenga –Njeru road (9km), access to Buikwe District H/q, Katosi landing sites and other access roads.
The new contractor has been given 14 days to mobilise and will not be given advance payment as was the case with EUTAW. The Contractor will have to seek this financing from elsewhere. In order to expedite the project, the completion period for the road has also been reduced from 36 months to 30 months.
UNRA would like to once again take this opportunity to thank the Inspector General of Government and the Attorney for all the support given to the organization. We want to assure the general public and tax payers whose resources are being used to finance this project that we are taking responsible actions to ensure that this project is implemented as promised.