A public law interest organisation has sued government challenging the legality of Rural Electrification fund established by the Minister of Energy and Mineral Development.
In the case filed before the High Court in Kampala, Center for Public Interest Law Limited alleges that the process of making and passing the Electricity Establishment and Management of the Rural Electrification Fund instrument that was gazetted on April 30 this year, did not comply with the public and private sector participation.
Through its lawyers of ALP Advocates, CPILL alleges that the Fund did not comply with the Constitutional requirement to consult and involve people in the formulation and implementation of development plans and programmes under Article 8A(1) and that, the instrument was done without cabinet approval.
“That the composition of the Rural Electrification Board under Paragraph 7(2) of the Rural Electrification Fund Instrument ultra vires the Electricity Act 1999 as it excludes key stakeholders such as the Permanent Secretary of Ministry of Finance, Permanent Secretary Ministry of Local Government, representatives of donors, the financial sector and the NGOs from effectively supervising and giving guidance to the fund in the public interest,” reads the complaint.
CPILL sued the Attorney General in the case based on legal research alleging that the Rural Electrification Fund Instrument number 62 was made on the need for the legality, procedural irregularities were contrary to the parent Act and existing laws, unreasonableness and irrationality.
It is alleged that Rural Electrification Fund Instrument number 62 of 2020 is contrary to the recommendations of the rural electrification strategy approved by the cabinet which envisages a new autonomous body as opposed to the rural electrification agency.
Court has summoned the AG to file written response in defence against the case.