ANGELLA AMUDO v. THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY

I. NTRODUCTION
The instant Claim has been instituted by Angella Amudo (hereinafter referred to as the “Claimant”). The Claim is against the employer, the East African Community (hereinafter referred to as the “Respondent”). The Claim is dated the 25th September, 2012 and was filed on 27th July, 2012. Basically, it is premised under Article 31 of the Treaty for the Establishment of the East African Community (hereinafter referred to as the “Treaty”). In essence, the matter now before this Court is an employment dispute.
At all material time, the Claimant was residing at the Olorien Road in the city of Arusha in the United Republic of Tanzania.
The Respondent is the Secretary General of the East African Community who is sued on behalf of the East African Community in his capacity as the Employer of the Claimant.
II. REPRESENTATION
The Claimant was represented by Mr. James Nangwala from the firm of Ms. Nangwala, Rezida & Co. Advocates located at Suite No. B5 2nd Floor Office Park Building (Buganda Road Office) Plot No.7/9 Buganda, Road P.O. Box 10304 Kampala, Uganda.
Mr. Stephen Agaba, Principal Legal Officer at the East African Community appeared for the Respondent.

III. BACKGROUND
On 13th September, 2008, the Claimant who is a professional accountant was appointed by the Council of Ministers of the East African Community during its 16th Meeting, as a Project Accountant of the Respondent. It is common ground that she was recruited to replace one Mr. Ponziano Nyeko who was the then Project Accountant with a five- year contract, but had resigned before the end of his contract. The Claimant as it is evident from the record, assumed duty on 1st November, 2008. It is the Claimant’s case that her appointment fell in the category of professional staff and that the conditions of service of members of staff of the Respondent are defined by Staff Rules and Regulations (2006) made pursuant to the Treaty.
It is apparent that subsequent to her appointment, the Claimant was put on notice that the position of Project Accountant was not in established positions governed by the Staff Rules and Regulations, 2006.
Noting the misrepresentation of the Council decision, the Claimant then raised her concern in writing before the Respondent. Failing to get redress thereafter, she filed this Claim.