Reference filed on: 10th January 2017.

Article: 6(a) & (d) of the Treaty for the Establishment of the East African Community and other enabling provisions. 

Subject matter: Alleged illegal dismissal from service.  

The Applicant, Erick Kabalisa Makala is a Rwandan Citizen, residing in Kigali, Rwanda.  He was an employee of the Rwanda Utilities Regulatory Agency (RURA) from 22nd April 2009. On 14th November 2011, he received a letter notifying him of his provisional suspension due to a restructuring of RURA. On 31st May 2011, he was informed via another letter about his immediate dismissal following the job suppression. 

The Applicant being dissatisfied with the decision wrote to the Public Service Commission requesting the institution to render him justice. Public Service Commission replied stating that, the Applicant was dismissed for lack of required qualifications following the restructuring of the institution and the dismissal was in accordance with the law thus he faced no injustice. 

The Applicant then introduced his claim to the High Court of Rwanda requesting the Court to quash the decision of his provisional suspension and dismissal for being made illegally. He also requested to be refunded amounts of money deducted from his salary and various compensations. On 26th April 2013, the High Court declared the Applicant claim unjustifiable, he was not illegally dismissed and not entitled to any compensation but rather ordered to pay RURA Rwanda Franc 300,000 as advocate fees. 

The Applicant unsuccessfully appealed against the said decision to the Supreme Court which on 11th October 2013 upheld the High Court decision. The Applicant being dissatisfied by the decision of the Supreme Court applied for review of his case and lost again on the 11th of November 2016. 

On 10th January 2017, the Applicant filed his Reference in this Honourable Court challenging the decisions over his suspension and termination for allegedly being made illegally. He also challenges the decisions of the High Court and the Supreme Court of Rwanda for allegedly being made contrary to the applicable laws in Rwanda, the EAC Treaty and International Conventions to which Rwanda is a party. 

The Respondent, the Attorney General of the Republic of Rwanda denies the allegations by the Applicant and intends to raise Preliminary Objection on the Court Jurisdiction, the Reference being bad in law and not disclosing any cause of action.

This case summary is a document produced by the Registry to assist in understanding forthcoming matters before the Court. It does not bind the Court. For authoritative Decisions, Judgments and general  information about the Court please visit https://www.eacj.org

Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: eacj@eachq.org

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