Case Number REFERENCE NO. 11 OF 2011

The Applicant is a Human Rights lawyer and defender. Sometime in July, 2010, six Kenyan citizens were arrested and detained incommunicado in Kenya before being rendered from Kenya and handed over to Ugandan Authorities for trial as terrorist bombings in Kampala on 11th July 2010. Following their arrest, the Muslim Human Rights Forum (hereinafter referred to as “MHRF”), a Kenyan Human Rights Non-Governmental Organization and their families instructed the Applicant to pursue the issue of a fair trial and assist the suspects in the Courts of Uganda.

RespondentThe Attorney General of the Republic of Uganda and the Attorney General of the Republic of Kenya
ComplainantMbugua Mureithi Wa Nyambura
Date filedDecember 30, 2011
CountriesKenya , Uganda
KeywordArrest & Detention , Human Rights
Treaty ArticleArticle 104 , Article 27 , Article 30 , Article 38 , Article 6 , Article 7 , Rule 24 , Rule 4

First Instance Judgment

VerdictConsequently, the Court is bound by the Law (Treaty) and for the above reasons we have to take cognizance of the fact of the limitation. Therefore, REFERENCE NO.11 OF 2011 Page 21 we hold that the Reference is time-barred. Moreover, as we have answered issue No.2 in the affirmative, we refrain from entertaining issues nos.3 and 4 for the simple reason that the Reference is no longer alive. Accordingly, this Reference is hereby dismissed. As to costs, due to peculiar circumstances of this case, we deem it just for each Party to bear its own costs. It is so ordered.
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Date deliveredFebruary 24, 2014

Appeal Judgment

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Date delivered