50. It is clear that both the content and intent of Article 30 (2) provide a legal framework
for determining the starting date of an act complained of, or alternatively the date on
which the complainant first acquired the requisite knowledge — all with the objective of
ascertaining the commencement and expiry of “the time limit of two months”. In that
spirit, the Article does not contemplate the concept of “continuing” breach or violation,
in as much as the acts complained of, or the time when a claimant had knowledge of
the breach or infringement, have a definitive starting date and expiry date within the two
- month period. The only “continuing” period envisaged under the Article is the grace
period (implicitly allowed in the second limb of that Article) for the complainant to have
knowledge of the act. From the date of such knowledge, the legal clock for the twomonth period starts to tick.
51. Furthermore, in respect of the principle of legal certainty, the Court must underscore
the necessity for strict application of the two-month limitation period of Article 30 (2). To
contend, as the Respondents do, that complainants should wait (possibly for years and
years) until the end of a “continuing breach” before lodging their complaint in this Court,
is to militate against the very spirit and grain of the principle of legal certainty. True, the
complainant has an interest, a personal interest, in prosecuting his case against the
particular breach. But so too do all the other citizens of the East African Community, its
organizations, institutions, and Government entities of the Partner States – whose
collective interest is in ensuring legal certainty in the efficient and effective operation of
the affairs of the Community throughout all the territories of the Partner States.
52. The solution that was designed to balance the interest of the individual complainant
against the collective interests of all the other Community citizens, is the overall
framework of Article 30 – in which the collective interest of legal certainty is secured
under Article 30 (2), but without compromising the individual complainant’s right to
judicial redress (if promptly lodged within two months under Article 30 (2), including the
grace period afforded the complainant to acquire knowledge of the particular act). That
grace period can be as long as it takes for the complainant to be possessed of the
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