VII. DETERMINATION OF THE ISSUES ISSUE NO1: Whether the Claimant’s claim is time-bared under Article 30(2) of the EAC Treaty This issue was the subject of Application No.15 of 2012 (arising from Claim No.1 of 2012 – The Secretary General of the East African Community vs. Angela Amudo) in which the Court found that the claim was not time-barred. ISSUE NO.2: Whether the Claimant was a staff member governed by the EAC Staff Rules and Regulations, (2006) On this issue, Counsel for the Claimant submitted that the implementation of the decision of the Council of Ministers held on 13th September 2008 and relating to the appointment of a professional staff of the Secretariat to the position of Project Accountant at grade P2 was ultra vires the powers of the Respondent and inconsistent with the EAC Staff Rules and Regulations, (2006). Counsel for the Claimant in his endeavor to demonstrate the powers vested in each organ of the Community referred us to Article 14(3) (a), (c), (d), and (g) of the Treaty. It is the Claimant’s position that the sub-judice matter being an employment dispute, any evidence in support or against the Claim must comply with Staff Rules and Regulations, Council directives, decisions, recommendations and opinions taken in CLAIM NO.1 OF 2012 Page 8