Relying on the authority in Scott- vs. Brown Dowering, NC Nab &
Co. [1892] 2Q.B 728 where it is stated that:
“No Court ought to enforce an illegal contract or allow
itself
to
be
made
the
instrument
of
enforcing
obligations alleged to arise out of a contract or
transaction which is illegal, if the illegality is dully
brought to the notice of the Court, and if the person
invoking the aid of the Court is
himself implicated in
the illegality,”
Counsel for the Claimant consequently submitted that the latter
was appointed as a Professional Staff for the Secretariat in
accordance with the Staff Rules and Regulations. In conclusion,
Counsel for the Claimant invited the Court to answer Issue No.2
in the affirmative.
In response to the foregoing, Counsel for the Respondent
vehemently opposed the claim and contended that the Claimant
was not a staff member governed by the EAC Staff Rules and
Regulations (2006), and that instead, the Claimant’s contract was
concluded under RISP.
However, Counsel for the Respondent
agreed with Counsel for the Claimant on the fact that the nature
of the sub-judice matter is an employment dispute that would be
resolved by the interpretation of the Staff Rules and Regulations,
Council
directives,
decisions
or
its
recommendation
and
opinions. He further invited the Court to apply those principles in
addressing the dispute. Counsel for the Respondent thereafter
asserted that according to Regulation 20(2) of the Staff Rules and
Regulations, 2006:
CLAIM NO.1 OF 2012
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