Court Rejects ERA Officials' Request to Quash IGG Report

1728 Views Kampala, Uganda
The High Court in Kampala, has rejected a request by the Electricity Regulatory Authority, (ERA) restraining government from implementing the IGG's recommendations to sack two of the companies executive directors. In July this year, the IGG recommended the sacking of Engineer Frank Ssebowa the Executive Director of the Regulatory Authority and the Company's legal Counsel Johnson Kwesigabo, for mismanagement and incompetence. ERA went to court after the IGG revoked a licence which was awarded to Jacobsen Electro, a Norwegian based company,in June, amid controversy over the procurement process. The procurement process turned sour after one of the bidders alleged that the procurement process was unfair and not transparent, and demanded for investigations. Following the investigations, The IGG, Faith Mwondha wrote to president Museveni confirming that the procurement process was fraught with fundamental illegalities and irregularities stemming from gross misconception, misdirection and misinterpretation and total disregard of relevant provisions of the Constitution, Public Procurement and Disposal Act, Electricity Act and Public Finance & Accountability Act. The IGG said that the entire bidding process was unfair, lacked transparency and defeated the principles of objectivity and competitiveness through which value for money could be achieved. She recommended that ERA Chief Executive Officer, Eng. Sebbowa should be dismissed for mismanagement and incompetence. But Sebbowa and Kwesiga dismissed the IGG's recommendations as irregular. Through their lawyer, Muzamiru Kibeedi, the two officials asked court to issue an injunction restraining government from interfering with their terms of service. They argued that the report contains unsubstantiated allegations against them and that they were not given a hearing by the IGG before she made her report. High court Judge Deo Akiiki, rejected the injunction on procedural grounds. He said that the two officials did not file the main application. He however granted them permission to file a suit against the IGG, but clarified that this would not invalidate her findings.


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