JUDGMENT OF THE COURT
FACTUAL BACKGROUND
1. The Appeal before this Court has its origin in Application No. 4 of 2011 arising
from Reference No. 4 of 2011 lodged in the First Instance Division on 15th June
2011. The facts that gave rise to this Reference, happened in both Kenya and
Uganda.
2. The Applicants in the above Reference averred that they were arrested, and
forcibly removed from Kenya through abduction between 22nd July and 17th
September 2010, and handed over to Uganda where they are now illegally
detained, without due process of extradition; and that their impending trial in
Uganda is in violation of their fundamental rights, both under Kenyan and
Ugandan Constitutions, under International law, and also under the Treaty
establishing the East African Community (“the Treaty”). It is against those acts
that the Applicants (Omar Awadh, Hussein Hassan Agade, Idris Mogandu,
Mohamed Hamid Suleiman, Yahya Suleiman Mbuthia, Habib Suleiman Njoroge)
moved the First Instance Division of this Court for orders that:
a) “This motion…… before this Court……be lodged without payment of
fees and the fee in connection with the said Reference be waived and/or
refunded as the case may be.
b) Due to the nature and urgency of this Application, and to avoid
irreparable injustice this Honourable Court be pleased to prohibit,
restrain and injunct the Government of Uganda (the Second
Respondent herein) ……., from proceeding with the prosecution and/ or
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