Court dismisses case challenging govt-Vinci coffee deal
The High Court in Kampala has dismissed a petition filed by two lawyers challenging government’s decision to award Uganda Vinci Coffee Company Limited a deal to singly manage the production, export and setting prices of coffee beans and related products.
Justice Emmanuel Baguma ruled that the due process of the entire deed of amendment and restatement of the Project Implementation Agreement dated February 10th 2022 is still ongoing and that he did not find any reason whatsoever to interfere with the matter which is being investigated by parliament.
Justice Baguma added that parliament should be left to do its work and concluded that the matter was brought before court pre-maturely since the due process was still ongoing. He also found that this is not a proper application for judicial review and that the applicants are not entitled to the remedies sought.
Henry Byansi and Michael Aboneka who filed the said suit as concerned citizens had sued the government of Uganda through the Attorney General and the said company.
In the said application, the lawyers wanted court to declare that the actions of the Minister of Finance, Planning of Economic Development of secretly giving the said company the tender and priority to supply coffee violates the right to fair bidding from other eligible and interested companies and gives the company monopoly over coffee supply in Uganda.
They further wanted court to declare that the failure by the minister to follow all legal administrative processes and to make adequate consultations with the solicitor general, Ministry of Agriculture, Uganda Coffee Development Authority, Uganda Revenue Authority among others before purporting to execute the impugned deed of amendment and restatement of the project implementation agreement dated February 10th 2022 with the respondent tantamount to abuse and usurpation of powers making it illegal, null and void.
The advocates also wanted court to quash the said agreement and also bar the said company, their agents, servants, or any other person from putting the said agreement to use.
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