Orion Tranformers and Electronics Limited v Uganda Electricity Distribution Company Limited (Application 14 of 2025) [2025] UGPPDPAAT 18 (3 July 2025)

## THE REPUBLIC OF UGANDA PUBLIC PROCUREMENT AND DISPOSAL OF PUBLIC ASSETS APPEALS **TRIBUNAL** APPLICATION NO. 14 OF 2025

#### **BETWEEN**

## ORION TRANSFORMERS AND ELECTRICS LTD :::::::::::::::::::::::::::::::::::

#### AND

### **UGANDA ELECTRICITY DISTRIBUTION** <table> COMPANY LTD::::::::::::::::::::::::::::::::::::

APPLICATION FOR REVIEW IN RESPECT OF THE PROCUREMENT FOR THE SUPPLY $\mathbf{OF}$ **DISTRIBUTION TRANSFORMERS UNDER FRAMEWORK CONTRACT FOR** $1.2$ AND **UNDER** LOTS 3 PROCUREMENT NO. UEDCL/SUPPLS/2023-24/10278

# BEFORE: FRANCIS GIMARA S. C, CHAIRPERSON; NELSON NERIMA; GEOFFREY NUWAGIRA KAKIRA; PAUL KALUMBA; KETO KAYEMBA; CHARITY KYARISIIMA; AND ENG. CYRUS TITUS AOMU, MEMBERS

### **RULING**

The Applicant filed this Application on 19<sup>th</sup> June 2025 to challenge the outcome of the above procurement process in respect of Lot 1.

The Respondent filed a response on 23<sup>rd</sup> June 2025.

The Best Evaluated Bidder, Steema Transformers and Electricals Limited, filed a response on $23^{rd}$ June, 2025.

On 24<sup>th</sup> June, 2025, the Applicant's counsel $M/S$ Nexus Solicitors & *Advocates* filed a notice of withdrawal of the Application.

The withdrawal of an Application requires the approval of the Tribunal under regulation 16 (3) of the Public Procurement and Disposal of Public Assets (Tribunal)(Procedure) Regulations, 2016.

The Tribunal held an oral hearing on 3<sup>rd</sup> July, 2025 via Zoom videoconferencing.

Ms. Sophie Dhatemwa, appeared as counsel for the Applicant. Mr. Hanlin Liu, authorised representative of the Applicant was present. Mrs. Susan Nafula Bukenya, Manager Investigations and Litigation appeared as counsel for the Respondent.

Ms. Esther Mulyagonja, company secretary of the Applicant was present. Mr. Sher Singh Shekhawat, Director, represented the Best Evaluated Bidder.

The Applicant and their counsel reiterated the decision to withdraw the Applicantion, while the Respondent and the Best Evaluated Bidder did not object to the withdrawal.

Having heard the parties to the Application, the Tribunal therefore makes the following orders.

- 1) The withdrawal of Registry Application No. 13 of 2025 by the Applicant is approved. - 2) Each party shall bear its own costs. - 3) The Tribunal's suspension order dated 19<sup>th</sup> June, 2025 is vacated.

Dated at Kampala this 3<sup>rd</sup> day of July, 2025.

Munin

**FRANCIS GIMARA S. C CHAIRPERSON**

**NELSON NERIMA MEMBER**

**GEOFFREY NUWAGIRA KAKIRA MEMBER**

PAUL KALUMBA **MEMBER**

**CHARITY KYARISIIMA MEMBER**

**KETO KAYEMBA MEMBER**

ENG. CYRUS TITUS AOMU **MEMBER**