Katosi road: IGG rejects AG representation

By Chris Kiwawulo

KAMPALA - The Inspector General of Government (IGG) has asked court to allow the inspectorate defend itself in a case where a Chinese company sued the Government over the sh165b Mukono-Katosi road deal.

Chongqing International Construction Corporation (CICO), a Chinese firm still working on the road, sued the Attorney General (AG) after the IGG, Irene Mulyagonja, directed that a new contractor be procured for the 74km road, citing fraud. The IGG recommended that CICO be excluded.

Investigations have revealed that the Uganda National Roads Authority (UNRA) signed a contract with a company which claimed to be Eutaw Construction Company from the US.

As a result, sh24.6b was advanced to the company through Housing Finance Bank using forged documents.

The US-based company has since denied having any contracts or representatives in Uganda.
 

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Employees of CICO working on a section of the 74km Mukono-Katosi road on November 4 despite a directive from the IGG ordering it to stop. PHOTO/Henry Nsubuga

Mulyagonja told journalists at her office on Friday that the AG, Peter Nyombi, had demonstrated that he had no intention whatsoever to represent the IGG and Inspectorate of Government in the case.

“The mischief in CICO’s application and the Attorney General’s actions can only be cured by excluding the AG from defending/representing the IGG in this CICO’s case and all applications incidental and connected thereto,” the IGG contended. Alternatively, Mulyagonja said they could be joined with the AG as parties to CICO’s applications.

Mulyagonja allowed UNRA to carry out emergency procurement to allow the road construction to go on. UNRA said they had selected two companies: SBI and Collin Construction Company, one of which would be selected by December 15.

However, CICO protested the move to exclude them from the bidding process and secured an injunction restraining the AG and UNRA from going on with the emergency procurement.

Justice Lillian Mwandha issued the ex parte order halting the procurement process on November 6.

In the application to the High Court dated November 20, Mulyagonja said Nyombi had asked court to have CICO’s matter settled out of court, an issue which she is against.
 

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Earlier, Nyombi had differed with his deputy, Fred Ruhindi and the IGG on excluding CICO from the road deal. Nyombi advised the President to retain the Chinese firm, saying there was no evidence linking it to fraud. Attempts to get a comment from Nyombi were futile.

But in an interview with Sunday Vision recently, Nyombi said he was ready to defend the Government.

Flanked by her deputy George Bamugemereire, Mulyagonja added that the actions of the Attorney General were in breach of the Advocates Act and professional conduct.

“Our duty is to ensure that the law is adhered to. This contract was illegal from the start and allowing CICO to go on with the work would be allowing an illegality to continue,” she stated.

The IGG revealed that they had interrogated works minister Abraham Byandala over his role in the road scam.