UPDF officer sues govt, demands sh603m

A retired senior Uganda People's Defence Forces (UPDF) officer has sued the Government, demanding sh603m in damages over breach of contract.

Court documents indicate that Lt Col (rtd) Vincent Khaukha, trading as Inbred Associates, offered consultancy services to develop infrastructure at the National Leadership Institute (NALI) Kyankwanzi in Kiboga district.

The applicant contends that he designed and made documentations entailing the preparation of architectural and detailed engineering drawings as well as bills of quantities.

He submitted drawings for securing statutory approvals and claims to have supervised the resultant construction works at NALI.A bill of quantities is a document used in tendering in the construction industry in which materials, parts and labour are itemised.

Khaukha filed the suit against the Attorney General, NALI director Brig. Gen. David Kasura Kyomukama and the principal legal adviser to the Government in the Civil Division of the High Court in Kampala through Walyemera and Company Advocates.

Khaukha has asked court to compel the Government to pay his law firm sh425.6m, which is 6% of the project sum of sh7.1b and a consultancy fee amounting to sh177.4m. He also wants interest and costs of the suit.

"The plaintiff went ahead to provide the required architectural designs, hired expert services, provided the required supervision.

The work commenced on January 11, 2020 and completed phase one. He wrote to the defendants seeking payment for the finished work," reads part of the court documents.

Sidelined

However, the applicant says to his dismay, the defendants refused to pay him and sidelined him from the project despite using his architectural work for the project that is in progress.

Khaukha, therefore, avers that he has suffered financial loss, mental anguish and incurred expenses in legal fees to pursue the issue for which he claims damages and costs.

He says a notice of intention to sue was communicated to the defendants, but it was ignored.Court documents indicate that on October 18, last year, NALI appointed Khaukha's consultancy firm as the project consultants and stated that the construction works would be executed by UPDF using direct labour.A letter NALI wrote to Khaukha's firm discloses that Parliament in the financial year 2019/20 appropriated sh5b to develop critical infrastructures at NALI.

"Your remuneration in respect of the services provided shall be negotiated between NALI and your firm, but in any case, shall be calculated in accordance with the normal rates applicable to such projects," the letter says.

The letter adds: "You will be expected to perform the services with due diligence, efficiency, and economy in accordance with accepted techniques and professional practices used in the construction industry."

NALI undertook to furnish without charge all pertinent data and information available, to assist the consultant, while carrying out their duties and to decide on matters refereed to by the consultant.

30 days' notice

According to the letter, relations may be terminated by either party with not less than 30 days' notice in writing subject to settlement of all outstanding obligations.

"Any dispute arising, which cannot be settled amicably, shall be subjected by either party for arbitration in accordance with Uganda Society of Architects Arbitration Rules," the parties agreed.