EACJ Delivers Ruling on the Karuma Dam Project
The East African Court of Justice on November 29, 2013 delivered a ruling for an application seeking the Court to temporarily restrain the Government of Uganda from the construction of a Hydro Power Unit, pending the hearing and determination of the main case in the Kampala High Court.
The case was filed by Mr Henry Kyarimpa against the government of Uganda, challenging the Memorandum of Understanding that was signed between the Republic of Uganda and People’s Republic of China to construct the Karuma Hydro Power Unit in Uganda.
Counsel for the Applicant Mr. Mohmed Mbabazi 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.
Mr. Mbabazi continued and argued that the Ugandan government ignored the Court orders 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.
The hearing was before Hon. Justice Jean Bosco Butasi, Principal Judge, Hon. Lady Justice Stella Arach Amoko, Deputy Principal Judge, Hon. Justice John Mkwawa, Hon. Justice Isaac Lenaola and Hon. Dr. Justice Faustin Ntezilyayo.
Posted 11th, November 2013
