applicability of the second limb of that Article is not relevant to the circumstances
complained of in the instant Reference.
29. However, the position is vastly different as regards the application of the first limb of
Article 30 (2). The Applicants/Respondents met a formidable challenge on the
applicability of that particular limb to their complaint concerning “the detention of the
Respondents”.
INTERPRETATION OF ARTICLE 30 (2) OF THE TREATY:
30. Article 30 (2) states 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 the absence thereof, of the day in which it came to the
knowledge of the complainant, as the case may be”`
31. In interpreting Article 30 (2) in the Independent Medico case (supra), this Court
held that:
``The Treaty does not contain any provision enabling the Court to disregard
the time limit of two months and that Article 30 (2) does not recognize
any continuing breach or violation of the Treaty outside the two months
after a relevant action comes to the knowledge of the Claimant.``
32. We find the submissions of the Respondents to be ingenious in respect of the
interpretation of Article 30 (2).
Mr. Mureithi, for the Respondents, contended that
Article 30 (2) contains two considerations as to when time begins to run. Under the first
limb of the provision, time begins to run within two months of the action complained of.
Under the second limb, time begins when the party coming before the Court had
knowledge of the action complained of.
9