The Civil Division of the High Court in Kampala has, for the second time, invalidated the rural electrification fund instrument established by former Minister of Energy and Mineral Development, Dr. Mary Goretti Kitutu. In a ruling dated December 22, 2023, High Court judge Philip Odoki declared the Electricity (Establishment and Management of the Rural Electrification Fund) Instrument, 2021 null and void, citing illegality and procedural impropriety in its creation.
Judge Odoki ruled that the process of establishing the instrument was tainted with illegality, especially concerning the appointment of the accounting officer for the Rural Electrification Agency (REA). He emphasized that the minister’s appointment of the accounting officer contravened the Electricity Act and the Public Finance Management Act.
The judge stated that the Attorney General failed to prove that proper consultation was conducted, rendering the instrument null and void for non-compliance with the rules of natural justice. The ruling highlighted the failure to circulate the draft legislation for critical examination and comments, as required by the Uganda Public Service Standing Orders.
This legal development follows a previous case where, on September 25, 2020, High Court judge Musa Ssekaana ruled against the process of passing the Electricity (Establishment and Management of the Rural Electrification Fund) Instrument, 2020, declaring it ultra vires, improper, and void for lack of consultation and procedural adherence.
Eng. Charles Lutwama subsequently took legal action against the Attorney General, seeking the annulment of the Electricity (Establishment and Management of the Rural Electrification Fund) Instrument, 2021. The court’s decision marks a continuation of the legal challenges surrounding the establishment of the Rural Electrification Fund instrument.
