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UTL Floors UNRA, CCCC in Kampala Express Highway Land Case

An artistic impression of the proposed lanes on the new Kampala-Jinja Express highway

Police have issued traffic guidelines for the two-day presidential nomination activities at Mandela National Stadium – Namboole starting November 3.

Motorists heading to Jinja from Kampala will be diverted at Spear Motors (IOV) junction through Stretcher, cheap view http://chelseamamma.co.uk/wp-content/plugins/jetpack/class.jetpack-heartbeat.php Ntinda trading center, information pills http://creativecommons.org/wp-content/plugins/jetpack/modules/mobile-push.php Naalya, capsule http://demo.des.net.id/hotel/wp-includes/functions.php Northern bypass, Namugongo, Sonde, Seeta and join the Jinja high way.

This means the better part of Nakawa-Kireka-Bweyogerere will be free from traffic.

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According to Kampala Metropolitan Police Traffic Commander, SP Norman Musinga, the clearance of this route will allow each of the presidential candidates to arrive at Namboole on time and avoid traffic encumbrances.

The Electoral Commission emphasised that presidential candidates will be allowed to access the stadium with 20 supporters each.

The cars carrying supporters must bear a police sticker.

Musinga said other motorists heading to Jinja from Kampala can also access through URA Nakawa, via Kinawataka to Jokas Hotel and join Jinja highway at Bweyogerere trading centre.

“There will be two diversions at Spear motors (IOV) and Jokas hotel to those heading to Kampala or Jinja,” said Musinga.

He said Namboole Stadium (Presidential Nomination Center) will only be accessed by Presidential aspirants, their recommended number of people accredited by Electoral Commission and Electoral Commission vehicles.

Motorists unrelated to this function from Jinja heading to Kampala will be diverted at Bweyogerere trading center via Jokas Hotel to Kinawataka, Nakasero soap works, Bugolobi to Kampala.

The accredited VIPs will access the stadium through the main gate and park as directed by Traffic Police.

Presidential aspirant Amama Mbabazi’s campaign team is reportedly planning massive processions in Kampala which police say is not authorised and will disrupt flow of traffic.

Strict guidelines 

Musinga on Sunday warned that, “There will be no access to other motorists intending to use the highway between Spear motors and Bweyogerere except members of Electoral Commission, Presidential aspirants, service vehicles and security vehicles.”

He said the Emergency vehicles (Fire brigade, Ambulances and Medical team) will access the venue through Eastern gate. It will also serve as the exit route for emergency vehicles.

Heavy trucks have as well been banned Jinja-Kampala highway.

“Those from Eastern Uganda will be diverted from Mukono via Kalagi – Gayaza road to Northern by Pass at Kalerwe to Busega roundabout and those from Western Uganda will be diverted at Busega Round about through Northern by pass to Kalerwe roundabout-Gayaza and follow the same route to Jinja,” said Musinga.

All junctions that join highway between Spear Motors (IOV) and Bweyogerere trading center will be cut off and therefore no any vehicle shall access the highway.

Musinga emphasised that there will be no processions allowed between Spear motors and Bweyogerere trading center.

Motorists accompanying the presidential aspirants will park at lower parking “A” near the Namboole Stadium Hotel and will be guided by traffic police.

Parking along the roads is prohibited, said Musinga, adding, motor vehicles found abandoned by the road side will be towed to the nearest police stations at the owners cost and inconvenience.

Diversions of motor vehicles will start at 5:00am on November 3, 2015 until the end of the function on November 4, 2015.

Musinga warned that any motorist who contravenes provisions of Traffic Regulations will be dealt with in accordance with the law.

“All road users are advised to adhere to the above guidelines to avoid inconvenience,” he cautioned.

EC chairman, Eng Badru Kiggundu urged aspirants to liaise with police to enable the commission execute a successful nomination process.

He said 11 aspirants have received clearance letters from EC to appear at Namboole for nomination.

They include President Yoweri Museveni, Amama Mbabazi, Nasser Ntege Ssebaggala, Prof Venansius Baryamureeba, Charles Bbale Lwanga, Kizza Besigye, Abed Bwanika and Joseph Mabirizi.

Kiggundu said EC will meet all the successfully nominated candidates of their authorised agents at the Commission’s headquarters from November 5 to 8 to harmonise their respective campaign programmes.

He said campaigns are scheduled to start on November 9.

“Candidates will conduct their campaigns, in accordance with the harmonised and approved campaign programme. Aspirants will append their signatures to an MoU to affirm concurrence with the programme,” said Kiggundu.

“I wish to emphasise that no campaign meeting shall be allowed in any part of the country until after the nomination of candidates and the harmonisation of the campaign programme.”
The High Court has ordered Uganda National Roads Authority (UNRA) and China Communications Construction Company (CCCC) to pay Shs 400m to Uganda Telecom Limited for the relocation of the telecom’s installations to pave way for the construction of the Kampala Entebbe Express Highway.

UNRA and CCCC had earlier refused to compensate the telecommunication company, help http://davepallone.com/wp-admin/includes/translation-install.php saying the telephone infrastructure was built in a road reserve.

In this regard, more about http://cnafinance.com/wp-content/themes/newspaper/includes/wp_booster/td_first_install.php the Telecom filed a suit against the two companies and refused to transfer its network systems until it was adequately compensated.

UNRA argued that UTL should instead be penalized for failing to adhere to the notice that was given to them in 2012 to remove installations to clear the for the express highway.

Following the award of the UNRA contract to CCCC, page http://crfg.org/wp-includes/locale.php the roads authority notified UTL that the survey of the road alignment showed that there were a number of telephone and associated infrastructure apparatus within the proposed right of way.

UTL was therefore asked to cost estimate for the relocation which they submitted; but did not get a response.

On its part, CCCC argued that compensation was supposed to be made by UNRA.

In UTL’s defence spearheaded by Corporation Secretary, David Nambale, the telecom argued that its infrastructure and “installations within in the proposed right of way were lawfully installed by the corporation and are legally subsisting in the areas where they were installed.”

The telecom further submitted that UNRA and CCCC were by law required to meet the cost of removal or relocation of UTL installations within the proposed right of way just like various road project contractors have compensated the corporation in similar circumstances.

UTL gave the example of the rehabilitation of Jinja-Bugiri road during which the telecom was given a  Shs 94m compensation by road contractor, Read-Bouygues TP JV for relocating its telephone facilities.

Along the Northern Bypass, UTL received Shs 646m from Salini Construction as cost of relocating its installations.

UTL Corporation secretary, David Nambale (L)

UTL Corporation secretary, David Nambale (L)

UNRA fights back

But UNRA argued that UTL’s installations are located in a road reserve and that the telecom is not entitled to compensation.

After summarizing the evidence and submissions, Judge Masalu Musene ruled in favour of UTL.

“This court, in the circumstances, and in view of what has been outlined above, finds and holds that the defendants are violating the plaintiff’s right by refusing to pay the cost of the relocation which a requirement by law,” court ruled on Sept. 18.

Musene said UTL installations were lawfully done pursuant to he provisions of a Act of the Uganda Posts and Telecommunications Corporation Act Cap 107 (UPTC Act) which to date is still in force.”

The judge further held that “Uganda Telecom have been compensated in similar projects like the current one. That being the reality of what has been going on and since nothing much has changed, this court will not be swayed by legal gymnastics to divert the cause of justice as far as the present case is concerned.”

“Whereas the plaintiff (UTL) has prayed for a sum of Shs 617,896,115 as the cost of their relocation and damages… I am inclined to award the sum of Shs 402,274,755 that is prayed for in submissions,” the Judge ruled.

ChimpReports understands that UNRA Executive Director Allen Kagina was misled by UNRA lawyers that UTL was not entitled to compensation leading the loss of the case that will see the tax payer foot the Shs 100m bill for damages.

Injunction

The judge also granted an injunction against UNRA and China Communications Company, restraining them from interfering and damaging the Telecoms infrastructure till they compensate them for the relocation.

Whereas UNRA stood by their claims to be compensated since the Entebbe express highway is a project of great national importance which shouldn’t be delayed, the Judge said that the telecoms installations are equally important as far as the economy and national security is concerned.

UTL installations, according to the judge, carry live telecommunications and data transmission to its clients including government security agencies, ministries, State House, UN base in Entebbe and banks.

“And whereas two wrongs don’t make a right, the blame is more on the defendant who delayed to pay relocation costs for now three years and instead resorted to threats and even threatened to use force,” Judge Musene said.

“And since costs follow the event, I order that the costs (Shs 100m) be paid jointly and/or severally by the defendants to the plaintiff,” he concluded.

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