East African Court of Justice Arusha, 26 September 2014: The First Instance Division delivered a judgment in a Claim by the former employee of the East African Community Ms. Angela Amudo against the Secretary General claiming that she was employed as a Professional Staff accountant and was entitled to a five year contract renewable once under the EAC Staff Rules and Regulations 2006, but rather not a project staff.
She also claimed that the Secretary General illegally and in contravention of the Council of Ministers decision EAC/CM 16/Decision 41, which appointed her to the position of a Project Account as a professional staff and that the Respondent caused her to sign a contract for twenty two months instead of the five years. That Secretary General also gave her short periodical renewals of the contract which was contrary to the Staff Rules and Regulations the Respondent. She further claimed that for special damages for loss of earnings for the remaining period of seventy eight (78) months totaling the sum of USD 477,984.
In its judgment the Court found that the letter of appointment of Ms. Amudo as Project Accountant under Regional Integration Support Agreement (RISP) was not in conformity with the Council’s decision and Court awarded the Claimant the sum of USD 9,024.00 as loss incurred by her following the misrepresentation of the Council of Ministers decision by the Respondent.
The Court also held that the Position of the Project Accountant that the Claimant held entitled her to a five year contract with a possibility of renewal but the renewal was subject to satisfactory performance according to Regulation 22 (1) the subject which the court declined to address extension of contract because it would be speculative.
The Court again in its decision ordered that the appointment of Amudo for an initial period of twenty (20) months and subsequent periodical extensions of the appointment up to 30th April 2012 were ultra vires (beyond) the powers of the Secretary General and his Deputies and inconsistent with the EAC Staff Rules and Regulations.
Court further said that as a Project Accountant under RISP funding, the Claimant was paid a consolidated package of USD 6,128.00 only per month and for the service rendered to the Community, the Claimant has been paid an amount of USD 257,376.00 only. According to the salary of a P2 professional Staff as per the EAC Staff Rules and Regulations, the claimant would have been paid a total sum of USD 266,400 at USD 4, 4400.00 per month.
The Court therefore held that from the following computation, it was obvious that the loss incurred by the Claimant as per misrepresentation of the Council decision by the Secretary General is the balance between amounts USD 266,400.00 – USD 257,376.00 which is USD 9,025.00.
About the EACJ
The East African Court of Justice (EACJ or the Court), is the judicial arm of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community.
Operationalized in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.
Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The High Courts of the Partner States serve as sub-registries.
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Owora Richard Othieno, Head of Department;
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East African Court of Justice
Arusha, Tanzania
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