|Case Number||APPEAL NO. 2 OF 2012|
The Applicants / Respondents in Reference No 4 of 2011 claim that they were arrested, and forcibly removed from Kenya between 22nd July and 17th September 2010, and handed over to officials of the Government of Uganda who illegally detained them without due process of extradition. They claimed that their impending trial in Uganda was in violation of their fundamental rights, under both the Kenyan and Ugandan Constitutions, International law, and the Treaty establishing the East African Community. Through Application No 4 of 2011, they sought to inter-alia to restrain the Government of Uganda /the Appellant from proceeding with the prosecution.
The Attorney General of Uganda / the Appellant raised a preliminary objection contending that the Reference was filed out of time. On 1st December 2011, the First Instance Division concluded that the Treaty violations complained of in the Reference, were continuous; could not be subjected to mathematical computation of time; and that, therefore, the Reference was properly lodged.
Aggrieved by the decision, the Attorney General of Uganda/Appellant lodged this appeal averring that the Reference No 4 of 2011 was time-barred.
|Respondent||OMAR AWADH AND 6 OTHERS|
|Complainant||THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA|
|Countries||Kenya , Uganda|
|Keyword||Arrest & Detention , Continuing violation , Human Rights , Limitation of time , Unlawful Detention|
|Treaty Article||Article 23 , Article 30 , Article 35 A , Rule 99 , Rules of Procedure 2010|
First Instance Judgment
|Date delivered||June 15, 2011|
|PDF document||Download the decision as PDF|
|Date delivered||April 15, 2013|