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Court asked to quash rural electrification fund instrument
Through its lawyers of ALP Advocates, CPILL alleges that the Fund did not comply with the Constitutional requirement to consult and involve people in the formulation and implementation of development plans and programmes under Article 8A (1) and that the instrument was done without cabinet approval. FILE PHOTO
What you need to know:
- It is also seeking for orders prohibiting the minister or any person or authority acting under the Management of the Rural Electrification Fund from implementing the impugned instrument and or altering the management of the Rural Electrification fund.
- Meanwhile, Court has summoned the AG to file written response in defence against the case.
A public interest organisation has sued government challenging the legality of Rural Electrification fund established by the Minister of Energy and Mineral development.
In the case filed before the High Court in Kampala, Center for Public Interest Law Limited (CPILL) alleges that the process of making and passing the Electricity Establishment and Management of the Rural Electrification Fund instrument that was gazetted on April 30, 2020, did not comply with the public and private sector participation.
Through its lawyers of ALP Advocates, CPILL alleges that the Fund did not comply with the Constitutional requirement to consult and involve people in the formulation and implementation of development plans and programmes under Article 8A (1) and that the instrument was done without cabinet approval.
“That the composition of the Rural Electrification Board under paragraph 7 (2) of the Rural Electrification Fund Instrument is ultra vires the Electricity Act 1999 as it excludes key stakeholders such as the Permanent Secretary Ministry of Finance and the Permanent Secretary Ministry of Local Government, representatives of donors, the financial sector, the NGOs from effectively supervising and giving guidance to the fund in public interest,” reads the complaint.
CPILL sued the Attorney General in the case based on legal research alleging that the Rural Electrification Fund Instrument number 62 was made on want of legality, procedural irregularities contrary to the parent Act and existing laws, unreasonableness and irrationality.
It is alleged that Rural Electrification Fund Instrument number 62 of 2020 is contrary to the recommendations of the rural electrification strategy approved by cabinet which envisages a new autonomous body as opposed to the rural electrification agency.
According to the complaint, the administration of the rural electrification fund by the energy minister under the challenged instrument is contrary to Section 64 (3) (a) of the Electricity Act of 1999 which obligates the Minister to administer the Rural Electrification Fund in accordance with the Act.
The organisation is seeking for an order of court to quash an April 28 decision of Energy Minister that revoked the Electricity Establishment and Management of the Rural Electrification Fund Instrument number 75 of 2001.
It is also seeking for orders prohibiting the minister or any person or authority acting under the Management of the Rural Electrification Fund from implementing the impugned instrument and or altering the management of the Rural Electrification fund.
Meanwhile, Court has summoned the AG to file written response in defence against the case.
