The Constitutional Court yesterday dismissed with costs, an application filed by EUTAW Construction Company and Apolo Senkeeto in which they asked court for an Interim Order restraining UNRA from terminating their Mukono-Kyetume- Katosi/Kisoga-Nyenga road contract and to block the Attorney General (Police) from investigating and confiscating his property.
Eutaw had specifically asked the Court to restrain UNRA and the Attorney General from terminating their Contract and from procuring a new contractor for upgrading the same road.
The second Applicant Apolo Senketo who posed at EUTAW’s country representative asked court to block UNRA from investigating and holding his properties in relation to the project.
Justice Mwangutsya Eridad however ruled yesterday that Senkeeto had 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 in effect allowed the project to go on and held that nothing should stop Police from conducting an investigation.
Uganda National Roads Authority [UNRA]’s spokesperson Mr Dan Alinange says the court ruling handed them an opportunity to proceed with a new contractor SBI JV RCC, and “opened a new chapter in this rather unfortunate procurement.”
SBI JV RCC turned out the lowest new bidder under the emergency procurement for the road project, 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.
Mr Alinange revealed that the new contractor had been given 14 days to mobilize and would 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,” he said.
Alinange hailed the Inspector General of Government and the Attorney for all the support given to the UNRA.
“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.”