Reference filed: 10th January 2017.
Articles: 6(a) (d) & 9(e) of the Treaty for the Establishment of the East African Community.
Rules: 8, 9, 11, 17,21,22,23,24,25,26,37,38,39,42,43,44,45,46 & 47 the EACJ Rules of Procedure, 2013.
Subject matter: Alleges illegal dismissal from service.
The Applicant, Erick Kabalisa Makala is a Rwandan Citizen, residing in Kigali, Rwanda. He claims to have been unlawfully suspended and later on terminated from service by Rwanda Utilities Regulatory Agency (RURA). He alleges to have unsuccessfully sought assistance from different state departments to prove that the reasons mentioned in his dismissal letter were groundless and he was never informed about his presumed misconduct for him to defend himself.
The Applicant therefore challenges the decision over his suspension and termination from service for allegedly being illegal. He also challenges decisions of the High Court and the Supreme Court of Rwanda where he unsuccessfully appealed. He claims that such decisions were made in violation of applicable laws in the Republic of Rwanda, the Treaty Establishing the East African Community (EAC) and International Conventions to which Rwanda is a party.
The Respondent, Attorney General of the Republic of Rwanda denies the allegations by the Applicant and raise a Preliminary Objection on the Court’s Jurisdiction, the Reference being bad in law and not disclosing any cause of action. The Respondent is the Attorney General of the Republic of Rwanda.
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