The Inspector General of Government, Betty Kamya, has called for an immediate suspension of the Government’s dealings with Jaspong Group of Companies regarding the management of the Kiteezi Landfill, citing concerns about alleged irregularities in the procurement process.
This decision follows allegations from the media and various sources regarding the selection of an investor for managing the landfill.
In a letter dated October 17, 2024, addressed to the Acting Executive Director of Kampala, Kamya highlighted that one of the main issues is the claim that Jaspong Group was chosen without adhering to the established government procurement protocols outlined in the Public Procurement and Disposal of Public Assets Act.
She pointed out that despite other potential investors expressing interest in the Kiteezi Landfill, they were overlooked.
Furthermore, it was noted that the tender was allegedly awarded to Jaspong without an open bidding process, which would have allowed other qualified companies to show their interest in collaborating with the Kampala Capital City Authority.
Kamya emphasized that while direct procurement is allowed under section 91 of the PPDA Act, Cap 205, it does not eliminate the necessity for thorough due diligence and a proper feasibility study before committing to a specific investor.
That Jaspong Group of Companies was engaged without carrying out due diligence to establish whether the company possesses the requisite technology and experience to manage a project of such magnitude.
That the Kiteezi Landfill project has been undertaken without carrying out any feasibility study and therefore its viability is in question.
The correspondence also highlights the ambiguity surrounding the project’s funding, noting that the Jaspong Group of Companies proposed to manage the Kiteezi Landfill at no expense to the government. This situation raises concerns regarding how the company intends to recover its investment.
Additional issues include the absence of an environmental impact assessment to evaluate the potential effects of Jaspong’s investment on the environment and that the Kiteezi Landfill project was finalized without engaging relevant stakeholders, such as the National Environment Management Authority (NEMA) and the political representatives of KCCA, among others.
The directive arises as the Minister for Kampala Capital City and Metropolitan Affairs, Minsa Kabanda, has already instructed the KCCA Acting Executive Director to engage with the Jaspong Group of Companies regarding preparations for reducing the landfill height and other related management issues.
In a letter dated October 15, 2024, which has been reviewed by this publication, Kabanda instructed the Acting Executive Director to collaborate with the Attorney General in drafting a memorandum of understanding between KCCA and Jaspong.
This document is intended to clearly outline the roles and responsibilities of each party concerning Jaspong’s operations at Kiteezi.
“That if the processes of due diligence have been completed , and you have identified land for a new dumping site, engage the owner of the land with a view of him/her letting you start using the place for dumping and other processes follow,” she notes.
The KCCA Acting Executive Director was further urged to ensure that, in the implementation of the established directives, adherence to due process of law is maintained.
She noted that it is imperative to follow the emergency procurement provisions outlined by the PPDA to facilitate an expedited procurement process.
These directives from the minister stemmed from a Cabinet Meeting held on October 14, 2024, which noted the Jaspong Group of Companies’ interest in reducing the height of the landfill at Kiteezi through the capping method, as well as their proposal for a long-term recycling solution.
However, the IGG has indicated that investigations into the matter have been initiated, necessitating a suspension of all related transactions.
Kamya referenced Article 230(2) of the Constitution of the Republic of Uganda, 1995, and section 13(6) of the Inspectorate of Government Act Cap 32, which states: “The Inspector General of Government may, during the course of his or her duties or as a consequence of his or her findings, make such orders and give such directives as are necessary and appropriate in the circumstances.”
The correspondence was additionally distributed to the Minister of Kampala City and Metropolitan Affairs, the State Minister, the Lord Mayor, and the Executive Directors of NEMA, PPDA, and the Uganda Investment Authority.