EACJ To Decide On Karuma Dam


purchase geneva; font-size: small; line-height: 200%;”>The case was filed by Mr. Henry Kyarimpa against the government of Uganda, patient challenging the Memorandum of Understanding that was signed between Uganda and People’s Republic of China to construct the Karuma dam a few months ago.

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viagra sale geneva; font-size: small;”>The date for the ruling has been set on November 29.

Counsel for the Applicant Mr. Mbabazi Mohmed submitted that, the act by the government of awarding a contract for the construction of the dam to China was done outside the procurement process which is an infringement of Articles 6, 7 and 8 of the Treaty for the establishment of the East African Community.

The Articles provide fundamental principles of the Community, Operational principles of the Community and General undertaking as to implementation respectively.

Mr. Mbabazi continued and urged that the Ugandan government ignored the Court orders of the against the cancellation of the previous procurement process and that they will suffer irreparable damage not equivalent to monetary compensation when there is violation of rule of law, thus the need to restrain the Government of Uganda from proceeding with the contract.

He therefore asked Court to grant an injunction order against the government of Uganda to refrain it from infringing the Treaty and to interpret Article 38 (2) of the same.

The Respondent ( Attorney General of the Republic of Uganda) represented by Mr. Cheborion Barishaki, Director of Civil Litigation Uganda, in response to the Applicant submitted that in a bi-lateral arrangement between the government of Uganda and China, Uganda nullified the previous procurement process after investigations by the Inspector General of Government and found out the process was not accurate and not recommended by the Ministry of Energy and Minerals of Uganda as well which led to the cancellation of the previous procurement process and now the government in the implementation of the new one.

Mr. Bafirawala Elisha, Senior State Attorney and Mr. Richard Adrole State Attorney also Counsels for the Respondent, in agreement with Barishaki, urged the Court to strike out the Application with costs because the parties including Sino hydro CMC, Kaluma JV, China International Water and Electric corp among others who were involved in the procurement process which was canceled have no irreparable damages suffered.

He added that instead the court should consider the social economy benefits like employment which will be lost if the application is granted. Mr. Bafirawala added that the matter is of private interest so be dismissed.

The hearing was before Hon. Mr. Justice Jean Bosco Butasi, Principal Judge, Hon. Lady Justice Stella Arach Amoko, Deputy Principal Judge, Hon. Mr. Justice John Mkwawa, Hon. Mr. Justice Isaac Lenaola and Hon. Dr. Justice Faustin Ntezilyayo.


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