INDEPENDENT MEDICAL UNIT v THE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA & 4 OTHERS

Case Number	REFERENCE NO. 3 OF 2010
Summary	The Applicants contends that the failure by the 1st, 2nd, 3rd, and 4th Respondents to take measures to prevent, investigate or punish those responsible for executions, acts of torture, cruelty, inhuman and degrading treatment of over 3,000 Kenyans resident in Mount Elgon District which were carried out by the Respondents jointly between 2006 and 2008, violated the Treaty, several International Human Rights Conventions and the Kenya Constitution. The Respondents raised several preliminary objections including lack of jurisdiction on human rights issues, limitation and lack of a cause of action.
Respondent	THE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA & 4 OTHERS
Complainant	INDEPENDENT MEDICAL UNIT
Date filed
Countries	East African Community , Kenya
Keyword	Cause of action , Jurisdiction , Limitation of time , Misjoinder , Preliminary Points of law
Treaty Article	Article 30 , Article 6 , Article 7 , Articles of EAC Treaty , Rule 24 , Rules of Procedure 2010

Verdict	The Court shall not abdicate its duty to interpret the Treaty merely because Human Rights violations are mentioned in this Reference. The 2nd, 3rd, and 4th Respondents were merely officers employed in the Republic of Kenya and the maintenance of law and order was the sole responsibility of the Republic of Kenya. They were wrongly joined to the Reference and the correct party was the Attorney General of the Republic of Kenya. The pleadings did not disclose any cause of action against the 5th Respondent That the matters complained of were failures in a whole continuous chain of events from when the alleged violations started until the Claimant decided that the Republic of Kenya had failed to provide any remedy for the alleged violations. And that such action or omission of a Partner State cannot be limited by mathematical computation of time.
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Date delivered	June 29, 2011
Quorum