Regulation 23(8) points out that “The Council shall appoint
the Registrar, the Clerk, Counsel to the Community and
other Professional Staff in accordance with the relevant
provisions of the Treaty.”
Regulation 22(1), (c) goes beyond the appointment and specifies
that all Professional staff shall be appointed on a five-year
contract, which may subject to satisfactory performance, be
renewed once by the Council.
Handmaidens to the Treaty, the Staff Rules and Regulations
afford a high degree of attraction and protection of the EAC Staff.
It is the spirit of Regulation 1 of EAC Staff Rules and Regulations.
From the analysis of the facts, relevant provisions of the Treaty
and EAC Staff Rules and Regulations, there is no flicker of doubt
that the Claimant was appointed by the Council to the position of
Professional Staff under EAC Staff Rules and Regulations.
Nevertheless, we are still eager to find out what caused an aboutturn of the Respondent. Therefore, at 6th February 2014 during
the cross-examination of the witness of the Respondent, one Mr.
Ochwada, Director of Human Resources and Administration to
the Community, a specific question was put on him by Counsel
for the Claimant as follows:
“Mr. Nangalwa:
Let me ask it this way: was this
recommendation for Angella Amudo
outside the Staff Rules and
Regulation?
Mr: Ochwada:
My Lords, I want to make it clear
that appointments of this nature of
CLAIM NO.1 OF 2012
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