Besides, it is worth noting that Learned Counsel for the Respondent, in his written submissions, referred the Court to EAC/CM11/Decision 125, by which the Council approved the recruitment of a Project Accountant and a Budget Assistant during the lifespan of the project. We hasten to say that the latter reference is not helpful enough, in as much as it does not tell us whether that position was governed by RISP agreement and in the absence of such a precision, the Court cannot make any deduction from facts. The group of words “lifespan of the project” at this preliminary stage is neither meaningful nor helpful unless we pursue the analysis of the whole process of the recruitment. Secondly, on 8th and 9th September, 2008, the Finance and Administration Committee met and analyzed among other items the appointment of Professional Staff for the Secretariat. It is compelling to recall that the Deputy Secretary in charge of Finance and Administration personally attended the meeting where the Committee “noted that the process of recruiting suitable persons to fill in the positions of Project Accountant and Senior Engineer/Planner – Communications for Secretariat following the resignation of Mr. Pontiano Nyeko and Eng. Enock Vonazi had been completed.” Then, the Finance and Administration Committee recommended to the Coordination Committee to consider and submit to the Council the appointment of Ms. Angella Amudo and Mr. Robert Achieng to the respective Professional Staff positions of Project Accountant and Senior Engineer/Planner. CLAIM NO.1 OF 2012 Page 16

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