Nyeko who was the then Project Accountant with a five year
contract governed by the EAC Rules and Regulations.
We heard Counsel for the Respondent stressing that the
Claimant was recruited as a Project Accountant under RISP as
indicated in the advertised job position. But from the reading of
the said advertisement, no such an indication can be found.
Moreover, as we earlier on found after a deep analysis of the
matter, the Claimant was recruited as a Project Accountant
under a Professional Staff position governed by EAC Staff Rules
and Regulations.
In the light of the foregoing and basing on Article 16 of the
Treaty, there is no way that the Council’s decision would be
disregarded in favour of an advertisement notice of a job position
or a notification letter which does not conform with the said
decision since this would be tantamount to negating powers of
the Council.
Having so found and held, we are also of the firm view that the
refusal by the Respondent to respond to any of the Claimant’s
protestation about her employment status is administratively
unjustifiable and that the continuing renewal of her short term
contract was inconsistent with the Council’s decision.
Given all our findings on this issue, we are now of the settled
view that Issue No.3 is answered in the affirmative.
CLAIM NO.1 OF 2012
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