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To keep the pressure on, the following day, on April 22, UEGCL Executive Officer Harrison Mutikanga also wrote to Muhakanizi requesting for financing to enable the company prepare to the takeover the contract management of the projects.
Following this letter, on April 27, Muhakanizi wrote to Kaliisa asking him that all the resources set aside for the supervision of the projects by the Ministry are transferred to UEGCL.
“By copy of this letter,” Muhakanizi wrote, “the Accountant General is requested to make arrangements for the direct transfer of resources to UEGCL and UETCL starting FY 2016/17.”
Way back, on June 22, 2015, Muhakanizi had written to Kaliisa complaining about ineffective leadership in the implementing process of the projects, inexistence of competent and experienced personnel working with Energy Infratech and the fact that the contractor was working without approved drawings and work methodology.
He had warned; “this ministry will not provide operational resources for the projects for the FY 2015/2016 unless the above issues have been addressed and detailed work plans for the projects have been submitted.” However, not much changed. In response, on May 4, 2016, Kaliisa wrote saying he had advised the Accounting Officer MEMD to prepare an Advisory Brief for the Finance Ministry to know the resources to be transferred to UEGCL.
However, he cautioned that a takeover of full contract administration of the projects as directed by President Museveni, “which we are anxious to implement, has to be carried out carefully as it has serious legal, technical and administrative consequences which require this ministry to seek a legal opinion of the Solicitor General on how to proceed”.
He noted that among others, full contract administration could involve the amendment or termination of the existing project agreements with contractors, consultants, and financiers of the two projects.
The back and forth between Muhakanizi and Kaliisa was seen by some in both ministries as a locking of horns between the two officers, who are amongst the most powerful technocrats in President Museveni’s government.
It would appear that Muhakanizi efforts did not amount to much in the face of resistance from Kaliisa.
Apart from not transferring powers to UEGCL, Energy Ministry officials also did not implement other directives. Meanwhile, implementation of the projects continues to court controversy raising concerns that the projects might not be delivered on time.
The project has attracted multiple suits including one from Henry Kyalimpa, a lawyer and procurement consultant, suing over alleged irregularities.
“We want an audit to establish value for money,” Mohmed Mbabazi, who is representing Kyalimpa told The Independent, “but also, we are saying that the whole construction process must be legalized because whatever is going on now is irregular.”
Such an audit is critical as it would reveal the extent of the mess in the projects and result in corrective measures before it is too late.
This is the third time Kyalimpa is suing the government over the projects. At first he petitioned the Trial Court of the East African Court of Justice over the way the projects were procured and lost. The Appellate Court upheld his petition saying the procurement of the projects contravened Ugandan law but noted that the reliefs, for instance, the halting of the procurement process that he was seeking were impracticable as construction was already on-going.
This time around, Kyalimpa sued again because he contends that consequent to the judgment of the EACJ, it has now come to light that the projects “are mired in acts of corruption, misuse and wastage of public resources that render the project uneconomic and unviable”.
Court has yet to settle the cases but government officials appear unbothered about the case because previous judgements against the projects have not affected the on-going projects at all. These include the two interim orders secured by legislator Byaruhanga and the EACJ ruling. They were all ignored.
Energy ministry officials are being watched for reactions to Museveni’s latest directives. Many predict they will also be ignored in the face of what appears to be resistance fromAmber House.
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editor@independent.co.ug
