爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered whether the impugned decision was a contestable administrative decision. 爆料网AT noted that what constitutes an administrative decision will depend on the nature of the decision, the legal framework under which the decision was made, and the consequences of the decision. 爆料网AT held that the requirement for 爆料网 Office at Nairobi (爆料网ON) staff members to possess MIP cards or a Grounds Pass in order to access medical services on credit was for the overall effective administration of the Organisation’s staff medical insurance plan. 爆料网AT held that this requirement was of general application to all staff and could not be deemed to affect the terms of appointment or contract of employment of any one staff member. 爆料网AT held that the Appellant did not provide any cogent arguments to demonstrate that the administrative instructions infringed the terms of his appointment or his contract of employment. 爆料网AT concurred with 爆料网DT that there was no administrative decision within the meaning of Article 2 of the 爆料网DT Statute. 爆料网AT also affirmed the award of costs against the Appellant for abuse of process. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
爆料网DT judgment: The Applicant requested a review of the decision to instruct hospitals in Kenya not to provide any medical services to any staff member who produced an expired Medical Insurance Plan (MIP) card and Grounds Pass. 爆料网DT held that there was no administrative decision taken by the administration within the meaning of Article 2 of the 爆料网DT Statute. 爆料网DT rejected the application and ordered the Applicant to pay costs, having found that he made abuse of process of the Tribunal.
Legal Principle(s)
What constitutes an administrative decision will depend on the nature of the decision, the legal framework under which the decision was made, and the consequences of the decision.