Case Number REFERENCE NO. 4 OF 2011

The Applicants filed an Application before this Court by Notice of Motion under Rules 1(2), 4, 21 and 118 of the EACJ Rules and Article 30 (2) of the Treaty for the Establishment of the East African Community. The Applicants are seeking for orders and interim orders that:

  1. This motion and any other pleadings arising from Reference No.4 of 2011 before this Court  be lodged without payment of fees or refunded as the case may be.
  2. Due to the nature and urgency of the Application, and to avoid irreparable injustice this Honourable Court be pleased to prohibit, restrain and injunct the Government of Uganda (the Second Respondent herein) and all institutions or persons or authorities hereunder, as the case may be, from proceeding with prosecution or trial of the Applicants pending the hearing and the determination of Reference No. 4 of 2011 before this Honourable Court.
  3. The time lag for institution of this Reference be condoned by extension of time and the Reference be deemed to be within time…
RespondentThe Attorney General of the Republic of Kenya, The Attorney General of the Republic of Uganda & The Secretary General of the East African Community
ComplainantOmar Awadh Omar & 6 Others
Date filedJune 9, 2011
CountriesEast African Community , Kenya , Uganda
KeywordArrest & Detention
Treaty ArticleArticle 30 , Rule 1 , Rule 118 , Rule 21 , Rule 4

First Instance Judgment

In view of the foregoing, we have no hesitation in concluding that the alleged Treaty violations complained of in the present Reference are continuous to- date and cannot be subjected to mathematical computation of time. Accordingly, we find and hold that Reference No 4 of 2011 is properly before this Court. Consequently, the present objection is hereby disallowed. Costs shall be in the cause.
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Date deliveredDecember 1, 2011

Appeal Judgment

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Date delivered