The High Court has
allowed Parliament to permit a new firm to operate the Members restaurant and
bar.
High Court Judge, Lydia Mugambe Ssali dismissed an
application by Hellenar’s Restaurant, the firm that had operated the Parliament
Restaurant and Bar for the last three years, to restrain and prohibit the
Parliamentary Commission from hiring out a new service provider.
Delivering her ruling on Tuesday, 15 January 2019, the Judge
said that Hellenar’s Restaurant is not the only company that can provide the required
services to Parliament.
“The restaurant has fallen out of favour with Parliament and
therefore, cannot continue its operations,” she said.
Hellenar’s restaurant applied for a temporary injunction to
restrain and prohibit the Parliamentary Commission from altering or causing the
alteration in the status-quo with regard to the operation of the facility.
Their two year contract to operate the restaurant and bar located on the third
floor of the South Wing expired at the end of last year, after a year’s extension.
In preparation for the expiry of the contract and to avoid a
break in the provision of services, the Parliamentary Commission contracted
another firm, Romeo’s Restaurant to operate the facility for the next two years.
Justice Mugambe stated that Hellenar’s Restaurant failed to
prove a prima facie case because currently, there is no subsisting contract
between Hellenar’s restaurant and Parliament.
“The Parliamentary Commission was even lenient to extend the
contract of the applicant (Hellenar’s restaurant),” said Mugambe.
She added that Hellenar’s restaurant did not prove that the
company will suffer irreparable loss because their loss can be compensated in
case of any damages.
Mugambe added that Parliament has already contracted Romeo’s
restaurant and failure to execute the contract may cause the restaurant to sue
the institution leading to loss of public funds.
The service provider for the Parliament restaurant and bar
provides meals to Members of Parliament, staff and their visitors throughout the
working week. The provider also supplies refreshments during committee
meetings and at various other activities in the precincts of Parliament.
Meanwhile, the High Court will also hear the application for
a judicial review of the procurement process of provision of catering services
to Parliament. Hellenar’s restaurant applied for a judicial review of the
procurement process, stating that it was marred with illegalities.
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