AG wants case against Karuma dam dismissed

By Edward Anyoli      

The Attorney General (AG) has asked court to dismiss an interim order filed by Salini Costruttori s.p.a halting the opening of financial bids of engineering, procurement and construction of Karuma hydro power dam.

The process was halted following a complaint to court by Salini Costruttori s.p.a citing irregularities in the biding process.

However, in a response to the interim order filed in the High Court Civil division Wednesday, the AG asked for its dismissal saying Salini Costruttori s.p.a is not entitled to an interim order to stay a process that they are not a party to.

“The respondent has brought these applications in bad faith before this honourable court as they are fully aware of the facts surrounding this matter,” the AG’s response reads in part.

The Attorney General dismissed the claims on grounds that Salini Costruttori s.p.a was never pre-qualified or invited to participate in the procurement process.

The Attorney General, represented by State Attorney George Kalemera, argued it was on the basis of facts presented to the ministry of energy and mineral development by Salini Costruttori s.p.a that they were evaluated.

The (AG) application to dismiss the interim order is also supported by an affidavit of Henry Lutimba Kyeyune, the principal procurement officer in the ministry of energy and mineral development

“I know the pre-qualification documentation from   Salini Costruttori s.p.a were the special powers of Attorney which empowered Claudio Lautizi, Massimo Campitelli, Marco Salini Sergio Romiti to act for  and on behalf  the said company,”  Lutimba said in his affidavits.

Ministry of energy and mineral development last week suspended the tendering process for the US$2.2b Karuma dam following a court injunction after Salini Costruttori s.p.a  filed a complaint in court citing irregularities.

Subsequently, Public Procurement and Disposal of Assets Authority (PPDA) halted the process pending a court hearing of the application in October.