Uganda National Roads Authority (UNRA) Legal team has defeated a claim from Law firm, KTA Advocates, against UNRA for UGX489,321,000 for drafting Axle Load Regulations.
In a High Court decision, KTA Advocates Vs UNRA Civil Suit No. 208 of 2020, it was declared that UNRA had drafted and developed the Vehicle Dimension and Load Control Regulations, 2017 in-house by the Directorate of Legal Services.
Commenting after the High Court decision, the Director Legal Services, Mary Kuteesa said: “When Ms. Allen Kagina assumed office of the Executive Director, she received 90 invoices from 14 law firms totalling to UGX 17,624,358,926 for Legal Services allegedly rendered for F/Y 2014/2015. Among them was the invoice from Karuhanga Tabaro & Associates (now KTA Advocates) for UGX 489,321,000 allegedly for instructions they received to draft the UNRA regulations. The invoice was however not backed by instructions and there was no proof of any deliverable or work done. The referred to Regulations were eventually drafted in-house from a zero draft.
“We therefore rejected the invoice in its entirety and advised our colleagues at KTA advocates to seek redress in Court. We are glad that Court agreed with us and dismissed the claim.”
The High Court declared that:
1. For a contract to bind a public authority [UNRA] it ought to have been duly signed by the authorized officials like the Executive Director of the Authority, and it must comply with the provisions of the PPDA Act.
2. Where a Plaintiff sought to rely on emails between the law firm and
employees of UNRA to establish the existence of a Contract with UNRA, the Court found that the Plaintiff did not succeed because the Plaintiff failed to establish that a contractual relationship existed between UNRA and the Plaintiff.
3. The claim of UGX489,321, 000/= for purportedly drafting the drafting Axle Load regulations was dismissed.
4. The UNRA (Vehicle Dimension and Load Control) Regulations, 2017 [and other UNRA Regulations] were drafted in-house by a UNRA team led by the Director Legal Services. There was therefore no need to outsource this service from an external law firm.
“It’s noteworthy that out of the UGX 17,624,358,926 billion that was claimed in the 90 invoices for Financial year 2014/2015, when the UNRA Legal team carried out due diligence, we found only about UGX1.2 billion due and payable. I am pleased with our team effort in saving Government money, in excess of UGX. 15Billion,” Kuteesa concluded.
UNRA reaffirms its commitment to being diligent in the execution of its mandate. “Value for money is a key performance deliverable, therefore all payment requests are carefully evaluated with the full knowledge that UNRA owes prudence to the Ugandan taxpayer,” the agency affirms.
