APPEAL NO. 4 OF 2014 ANGELLA AMUDO VS THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY
| Case Number | APPEAL NO. 4 OF 2014 |
| Summary |
The Claimant / Appellant filed Claim No1 of 2012 seeking a declaration that her tenure of appointment and the subsequent periodical extensions of the appointment were ultra vires the powers of the Respondent and inconsistent with the Staff Rules and Regulations and that she was entitled to a contract of employment for five years from the date of assumption of duty renewable once for another five years. The First Instance Division held that the Claimant was entitled to a contract of employment of five years and special damages for loss of earnings.
Being dissatisfied with the judgment, the Claimant appealed stating inter alia that the court erred in law by not awarding her general or aggravated damages and full costs as she had substantially succeeded in the claim.
In cross appeal, the Respondent averred inter alia that the trial court erred in law and committed procedural irregularities in considering the law, Council decisions and the evidence and in finding that the Claimant was entitled to a five year contract.
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| Respondent | THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY |
| Complainant | ANGELLA AMUDO |
| Date filed | |
| Countries | East African Community |
| Keyword | Cause of action , Community and employees disputes , Jurisdiction ratione temporis |
| Treaty Article | Article 30 , Article 31 , Articles of EAC Treaty |
First Instance Judgment
| Verdict | FINAL ORDERS Consequent upon the foregoing, we order as follows:
- Prayer (A) is granted in the following terms:
The appointment of the Claimant for an initial period of twenty (20) months and subsequent periodical extensions of the appointment up to 30th April 2012, were ultra vires the powers of the Secretary General and his deputies and inconsistent with the EAC Staff Rules and Regulations (2006);
- Prayer (B) is allowed in the following terms:
The Claimant was entitled to a contract of employment for a period of five (5) years in accordance with EAC Staff Rules and Regulations;
- Prayer (C), is partially allowed in the following terms:
The Claimant is entitled to special damages for loss of earning in the sum of USD9, 024.00;
- Prayer (D) and prayer (E) are dismissed; and
- On costs, the Claimant has partially succeeded and shall be awarded half of the taxed costs to be borne by the Respondent.
It is so ordered. |
| PDF document | Download the decision as PDF
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| Date delivered | September 26, 2014 |
| Quorum | |
Appeal Judgment
| Verdict |
- While the Court may be accessed by anybody under Article 30, the remedy under Article 31 is only available to employees of the Community. The right granted by Article 30 must be instituted within two months, while Article 31 imposes no such limitation.
- By the time the Appellant instituted the Claim, in December, 2012, she had long ceased to be an employee of the Community. Under the circumstances, the action should not have been maintained a under Article 31 but under Article 30.
- Since the Claim was instituted about 27 months after the expiry of the initial tenure and nearly five months after the expiry of the last short-term contract, it was time barred and the Trial Court lacked jurisdiction ratione temporis.
- The entire proceedings were a nullity thus the Appeal was dismissed and the Cross-Appeal allowed with costs.
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| PDF document | Download the decision as PDF
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| Date delivered | July 30, 2015 |
| Quorum | |
