“No recruitment shall be undertaken unless the approved vacancy exists in the establishment of the Community….” Learned Counsel added that, while implementing the above Regulation, the Council approved proposed positions in EAC for all the organs (Secretariat, EACJ, EALA) at its 12th Meeting held on 25th August, 2006, but the Project Accountant’s position was not among those established positions. He further referred the Court to Council decision EAC/C M 12/Decision 76 for more details and to the testimony of the one Mr. Ochwada, Director of Human Resources and Administration of the EAC Secretariat at the hearing of 6th February, 2014 where the latter stated that the approved established structure by the 12th Council Meeting is still in force whereas the Claimant told the Court during her cross examination that the said structure may have been revised or updated. It was the argument of the Counsel for the Respondent that the Claimant was put on strict proof to substantiate how the Project Accountant’s position falls under the EAC Staff rules and Regulations, (2006) and that twice, during the hearing of 11th November, 2013 and her cross-examination, she affirmed that the position of Project Accountant was outside the approved position. Counsel for the Respondent went on to say that the position of Project Accountant was not a creation of the Secretariat as alleged by the Claimant; rather, the position came out from Council’s decision EAC/CM 11/Decision 125 when the Council, CLAIM NO.1 OF 2012 Page 12