The High Court has nullified an earlier interim order which had stopped the Inspector General of Government from removing the Chinese firm CICO from the Mukono-Katosi road site.
Justice Wilson Masalu Musene ruled that the interim orders by the court registrar to stop the Uganda National Roads Authority (UNRA) from implementing the IGG instructions had not been issued under proper procedures.
“The interim order issued by the registrar is hereby vacated because it was issued without notice and jurisdiction. It cannot be allowed to stand,” Judge Musene ruled yesterday.
In November last year, the court registrar halted the implementation of the IGG recommendations which had ordered CICO to leave Katosi road site, saying the company had won the contract fraudulently after collusion with the principal contractor, Eutaw Constructions, which was accused of abandoning the works to a third party. The IGG also ordered UNRA to retender the project and secure a new contractor to complete the road works.
Justice Musene also ruled that the IGG be added as a party to the petition to be able to defend her decisions during the hearing of the case that CICO filed against her office.
The judge observed that the presence of the IGG in the proceedings would help in expeditious disposal of the case.
However, State Attorney, Mr George Kalemera protested the adding of the IGG to the case.
He argued that this would negatively impact on the functions of the Attorney General (AG).
“The ruling changes the face of the AG regarding representation on matters of judicial review,” Mr Kalemera argued. He said they would appeal against the ruling.
After the IGG orders, UNRA immediately started a fresh procurement process to get a new contractor for the Katosi road project and two companies, SBI and Kolins Construction, are topping the bidding charts.