DETERMINATION OF THE APPLICATION We have carefully considered the evidence, the submissions as well as the applicable law on the subject. The following are our findings and conclusions: Article 30 (2) of the Treaty provides that: “The proceedings provided for in this Article shall be instituted within two months of the enactment, publication, directive, decision or action complained of, or in absence thereof , of the day in which it came to the knowledge of the complainants, as the case may be”. This Court is alive to the strict limitations imposed by this provision. We also agree with the Respondents that proceedings can only be brought within two months of the unlawful act or infringement complained of, or of the day the complainant became aware of it. The facts of the instant Reference, however, present us with the kind of unlawful acts, or treaty infringements which, if proved would, in our view, obviously be continuous and not capable of mathematical computation of time. This can be discerned from Paragraphs 5 and 6 of the Reference which state that: “5.On diverse dates between 22nd July 2010 and 17 September 2010 the Applicants were captured and abducted from various locations in the Republic of Kenya by officers from the Kenyan and Ugandan Police respectively in collaboration with officers/officials acting on behalf of the United States of America, Federal Bureau of Investigation (FBI) and were, after being illegally detained in various police stations in Kenya (without charge) for periods between 3 and 6 days, spirited across the border to Uganda in what is notoriously referred to as “rendition”. “6. Upon rendition as aforesaid todate the Applicants have been shuffled between various locations, forests, police stations, military barracks/camps and prisons under the directions of the 2nd 6

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