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Regulations (2006), except where it was specified so in that contract. For ease of reference, we reproduce hereinafter the first paragraph of the aforesaid letter: “Following the approval of the 16th Ordinary Council of Ministers Meeting held on 13th September, 2008, I have the pleasure to inform you that you have been appointed as Project Accountant, under RISP funding with effect from 1st October, 2008 ……” At this juncture, we ask ourselves whether the Council’s decision was properly implemented by the Respondent. It is evident for both Parties to the Claim that the Council of Ministers is the Appointing Authority of Professional Staff as required by Article 70(2) of the Treaty which states that: “All staff of the Secretariat shall be appointed on contract and in accordance with the staff rules and regulations and terms and conditions of service of the Community.” In addition, Article 14(3)(g) of the Treaty provides that: “…..the Council shall make staff rules and regulations and financial rules and regulations for the Community.” We have seen elsewhere in this judgment that the Council appointed Ms. Angello Amudo to the position of Project Accountant as a Professional Staff, whereas the Respondent’s CLAIM NO.1 OF 2012 Page 18

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Introduction2
Background3
The Claimant’s Case3
The Respondent’s Case6
Scheduling Conference7
Whether the Claimant ’s Claim is Time - bared Under Article 30(2) of the EAC Treaty8
Whether the Claimant was a Staff Member Governed by the EAC Staff Rules and Regulations, (2006)8
Decision on the Issue No.215
Whether the Position of the Project Accountant That the Claimant Held Would Entitle her to a Five Year Contract With a Possibility of Renewal22
Decision on the Issue No.324
What Remedies are Available to the Parties?26
Decision on the Issue No.427
Final Orders34

01/12 Angela Amudo v Secretary General of EAC

EACJ Decision

Preview

Type of Document

Judgement

Country

EAC / EAC Organ

Keywords

Workers' Rights

Outcome: Decided on Merits

Year Decided: Sep 26, 2014

Rights Violated (EACJ Treaty Provisions)

None Indicated

Duration of Procedure: ~ Sep 26, 2014

Primary Documents

01_12 Angela Amudo v Secretary General of EAC.pdf
English
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Treaty for the Establishment of the East African Community

ARTICLE 31Disputes between theCommunity and its EmployeesThe Court shall have jurisdiction to hear and determine disputes between the Community and its employees that arise out of the terms and conditions of employment of the employees of the Community or the application and interpretation of the staff rules and regulations and terms and conditions of service of the Community.

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 30Reference by Legal andNatural Persons1.Subject to theprovisions of Article 27 of this Treaty,any person who is resident in a Partner State may refer for determination by the Court, the legality of any Act,regulation, directive, decision or action of a Partner State or aninstitution of the Community on the grounds that such Act, regulation, directive, decision or action is unlawful or isan infringement of the provisions of this Treaty.2.The proceedings provided for in this Article shall be instituted within two monthsof the enactment, publication, directive, decision or action complained of, or in the absence thereof, of the day in which it came to the knowledge of the complainant, as the case may be;3.The Court shall have no jurisdiction under this Article where an Act, regulation, directive, decision or action has been reserved under this Treaty to an institution of a Partner State.

Treaty

Treaty for the Establishment of the East African Community

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 14Functions of the Council1.The Council shall be the policy organ of the Community.2.The Council shall promote, monitor and keep under constant review the implementation of the programmes of the Community and ensure the proper functioning and development of the Community in accordance with this Treaty.3.For purposes of paragraph 1 of this Article, the Council shall:(a)make policy decisions for the efficient and harmonious functioning and development of the Community;(b)initiate and submit Bills to the Assembly;(c)subject to this Treaty, give directions to the Partner States and to all other organs and institutions of the Community other than the Summit, Court and the Assembly; 20(d)make regulations, issue directives, take decisions, make recommendations and give opinions in accordance with the provisions of this Treaty;(e)consider the budget of the Community;(f)consider measures that shouldbe taken by Partner States in order to promote the attainment of the objectives of the Community;(g)make staff rules andregulations and financial rules and regulations of the Community;(h)submit annual progress reports to the Summit and prepare the agenda for the meetings of the Summit;(i)establish from among its members, Sectoral Councils to deal with such matters that arise under this Treaty as the Council may delegate or assign to them and the decisions of such Sectoral Councils shall be deemed to be decisions of the Council;(j)establish the Sectoral Committees provided for under this Treaty;(k)implement the decisions and directives of the Summit as may be addressed to it; (l)endeavour to resolve matters that may be referred to it; and(m)exercise such other powers and perform such otherfunctions as are vested in or conferred on it by this Treaty

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 16Effects of Regulations, Directives, Decisions andRecommendations of the CouncilSubject to the provisions of this Treaty, the regulations, directives and decisions of the Council taken or given in pursuance of the provisions of this Treaty shall be binding on the Partner States, on all organs and institutions of the Community other than the Summit, theCourt and the Assembly within their jurisdictions, and on those to whom they may under this Treaty be addressed.

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 70Other Officers and Staff of the Secretariat1.There shall be such other officers and staff in the service of the Community as the Council may determine.2.All staff of the Secretariat shall be appointed on contract and in accordance with staff rules and regulations and terms and conditions of service of the Community

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 71Functions of the Secretariat1.The Secretariat shall be responsible for:(a)initiating, receiving and submitting recommendations to the Council, and forwardingof Bills to the Assembly through the Co-ordination Committee;(b)the initiation of studies and research related to, and the implementation of, programmes for the most appropriate, expeditious and efficient ways of achieving the objectives of the Community;(c)the strategic planning, management and monitoring of programmes for the development of the Community;(d)the undertaking either on its own initiative or otherwise, of such investigations, collection of information, or verification of matters relating to any matter affecting the Community that appears to it to merit examination;(e)the co-ordination and harmonisation of the policies and strategies relating to the development of the Community through the Co-ordination Committee;(f)the general promotion and dissemination of information on the Community to the stakeholders, the general public and the international community; 50(g)the submission of reports on the activities of the Community to the Council through the Co-ordination Committee; (h)the general administration and financial management of the Community;(i)the mobilisation of funds from development partners and other sources for the implementation of projects of the Community;(j)subject to the provisions of this Treaty, the submission of the budget of the Community to the Council for its consideration;(k)proposing draft agenda for the meetings of the organs of the Community other than the Court and the Assembly;(l)the implementation of the decisions of the Summit and the Council;(m)the organisation and the keeping of records of meetings of the institutions of the Community other than those of the Court and the Assembly;(n)the custody of the property of the Community;(o)the establishment of practical working relations with the Court and the Assembly; and(p)such other matters that may be provided for under this Treaty

Treaty

Treaty for the Establishment of the East African Community

Treaty

Treaty for the Establishment of the East African Community

Treaty

The East African Court of Justice Rules of Procedure 2013

40. (1) No party may, in any pleading, make an allegation offact, or raise anynew ground of claim, inconsistent with that party’s previous pleading in the same case.(2) Sub-rule (1) shall not prejudice the right of a party to amend or apply for leave to amend any previous pleading.

Rules of Procedure

The East African Court of Justice Rules of Procedure 2013

111.(1) Costs in any proceedings shall follow the event Costsunless the Court shall for good reasons otherwise order. (2)If it appears to Court that costs have been incurred improperly or without reasonablecause by reason of any misconduct or default of the party and or advocate, the Court may call on the advocate by whom such costs have been so incurred to show cause why such costs should not be borne by the advocate personally, and thereupon may make suchorder as the justice of the case requires.

Rules of Procedure

The East African Court of Justice Rules of Procedure 2013

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