Sabastar General Trading Company Limited v Kampala Capital City Authority [2026] UGPPDPAAT 13
Observed later treatment
No later-treatment classification is recorded for this judgment.
Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.
AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.
Holding
The Tribunal struck out the application on the ground that the applicant lacked locus standi. The applicant's bid validity expired on 25 March 2026 without extension. The application was filed on 26 March 2026, by which time the applicant had ceased to qualify as a bidder under section 115(1)(a) of the Public Procurement and Disposal of Public Assets Act. A bid whose validity has expired cannot be retrospectively extended to revive its validity. The Tribunal declined to consider the merits.
Outcome
Application struck out for lack of locus standi; suspension order vacated
Facts
Kampala Capital City Authority initiated a procurement process for road construction under the Greater Kampala Metropolitan Area Urban Development Program. Thirteen bidders submitted bids on 30 September 2025. The Respondent declared Wady El Nile Contracting and Real-Estate Investments Company as the best evaluated bidder on 27 February 2026 at a contract price of UGX 72,850,804,951. The Applicant's bid was disqualified at the detailed technical evaluation stage for insufficient method statement, inadequate personnel qualifications, limited specific project experience, and insufficient environmental and social safeguards experience. The Applicant lodged a complaint before the Accounting Officer on 11 March 2026, which was dismissed on 19 March 2026. The Applicant filed an application before the Tribunal on 26 March 2026. The bidding document required bids to remain valid until 25 March 2026. The Applicant's bid validity expired on that date without extension.
Issues
- Whether the Applicant had the requisite locus standi before the Tribunal?
- Whether the Respondent erred in law and fact in disqualifying the Applicant's bid without first seeking clarification?
- Whether the grounds relied upon for disqualification constituted material deviations within the meaning of the applicable procurement regulations?
- Whether the award of the contract to the best evaluated bidder contravened the principle of value for money under the PPDA Act?
- Whether any remedies were available to the parties?
Orders
- The Application is struck out.
- The suspension order dated March 27, 2026, is hereby vacated.
- Each party shall bear its own costs.
Rules and key headnotes
Legislation cited (17)
- Public Procurement and Disposal of Public Assets Act Cap. 205 s.2
- Public Procurement and Disposal of Public Assets Act Cap. 205 s.6
- Public Procurement and Disposal of Public Assets Act Cap. 205 s.43(c)
- Public Procurement and Disposal of Public Assets Act Cap. 205 s.106(7)
- Public Procurement and Disposal of Public Assets Act Cap. 205 s.106(8)
- Public Procurement and Disposal of Public Assets Act Cap. 205 s.115(1)(a)
- Public Procurement and Disposal of Public Assets (Evaluation) Regulations 2023 reg.6
- Public Procurement and Disposal of Public Assets (Evaluation) Regulations 2023 reg.6(1)
- Public Procurement and Disposal of Public Assets (Evaluation) Regulations 2023 reg.6(3)
- Public Procurement and Disposal of Public Assets (Evaluation) Regulations 2023 reg.6(4)
- Public Procurement and Disposal of Public Assets (Evaluation) Regulations 2023 reg.7
- Public Procurement and Disposal of Public Assets (Evaluation) Regulations 2023 reg.7(4)
- Public Procurement and Disposal of Public Assets (Evaluation) Regulations 2023 reg.19(4)
- Public Procurement and Disposal of Public Assets (Rules and Methods for Procurement of Supplies, Works and Non-Consultancy Services) Regulations 2023 reg.62(1)
- Public Procurement and Disposal of Public Assets (Rules and Methods for Procurement of Supplies, Works and Non-Consultancy Services) Regulations 2023 reg.62(2)
- Public Procurement and Disposal of Public Assets (Rules and Methods for Procurement of Supplies, Works and Non-Consultancy Services) Regulations 2023 reg.62(5)
- Public Procurement and Disposal of Public Assets (Rules and Methods for Procurement of Supplies, Works and Non-Consultancy Services) Regulations 2023 reg.62(6)
Cases cited (8)
- Uganda Women's Network & Uganda National NGO Forum v Financial Intelligence Authority & Attorney General (Miscellaneous Cause No. 23 of 2021)
- Maleka Engineering and Construction Company Limited and Another v Kira Municipal Council (Application No. 30 of 2024)
- Canaansites Ltd v Uganda National Roads Authority (Application No. 36 of 2022)
- China Railway No. 3 Engineering Company Limited v Kampala Capital City Authority (Application No. 46 of 2025)
- Xinjiang Power Transmission and Transformation Limited Company and Beijing Shine Technology Company Limited Consortium v Uganda Electricity Transmission Company Limited (Application No. 37 of 2025)
- Uzuzi Meter Technologies Limited v Uganda Electricity Distribution Company (Application No. 10 of 2026)
- Meals on Wheels Ltd in Joint Venture with Maze Establishments Ltd v Uganda Civil Aviation Authority (Application No. 23 of 2025)
- Meera Investment Limited v National Lotteries and Gaming Regulatory Board & Riverstone Africa Ltd/Grand Capital Reality (Application No. 44 of 2024)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.