other benefits due to them for services they had rendered to the defunct EAC.
They aver that the continued refusal, neglect and/or failure by the Respondent to
pay their terminal benefits is contrary to Articles 6(d) and 7(2) of the Treaty and a
violation of their rights under the various human rights conventions listed therein.
The Claimants seek from the Court declarations that the Respondent’s continued
refusal, neglect and/or failure to pay their terminal benefits for the services they
rendered to the defunct EAC constitute:
1.
a breach of article 6(d) of the Treaty and in particular a travesty upon the
recognition, promotion and protection of their rights as enshrined in the
African Charter on Human and Peoples Rights of 1981.
2.
a breach of Article 6(d) of the Treaty in particular the principles of
accountability, transparency and social justice.
3.
a breach of Article 7(2) of the Treaty in particular by failing, refusing
and/or neglecting to maintain universally accepted standards of human
rights.
The Claimants also pray for:
4.
an Order compelling the Respondent to pay the claimants in accordance
with their individual records, their terminal benefits for the services they
rendered to the defunct EAC including but not limited to ; pension,
additional pension, gratuity, redundancy payment in lieu of notice, one
month’s salary in lieu of notice, loss of office benefits, pension
emoluments, outstanding/accumulated leave, repatriation expenses, real
value and 7 % compound interest until payment in full.
5.
Costs of the Reference.
In his response, the Respondent contended that the Claimants were not entitled
to the alleged payment and also raised the points of law the subject of this Ruling.
The objections were that:
(i) The Court lacks the jurisdiction to hear and determine the Reference.
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