Case against NCDC dismissed

National

A FIRM that did not have its contract renewed by the National Capital District Commission (NCDC) was told by a judge that the case was a private matter between them.
Justice Nicholas Miviri, when dismissing an application for judicial review by Kana Construction Ltd, said the law available to them was not in judicial review but a matter of the enforcement of the contract. The company sought to review the decision of the NCDC management of last Aug 18, not to extend or renew Kana’s engagement or contract for the provision of land-filing management services at the Baruni Dump project.
The company was engaged by the NCDC waste management division to provide land-filing at the Baruni landfill site. This was by a way of a minor contract agreement dated June 2019 which lapsed last May 31 but the company was allowed to continue working for a further three months up to Aug 31 that year.
The company was then advised that its contract was not going to be renewed and no reason was given.
Justice Miviri said to satisfy the criteria of a review, the company must show to the court that it had a standing on the matter (or was affected by the matter).
“That standing is as a party to a contractual agreement with the defendants,” he said.
“That is a private matter between him and the defendants.
“There is privity of contract, it is not a public relationship with the public at large. This is a matter of contract between service provider and one utilising that service.
“Judicial review is time driven, it is a challenge to a decision of a public body which is not the facts as set out above.
“It is not a case of administrative decisions discharged by the Government in the management of its land resources for all.”