the Reference filed on 8th November 2011 was out of time? This Court considered a similar matter in the case of Independent medical unit vs. A.G. Kenya and 4 Others, Reference No.3 of 2010 and it rendered itself partly as follows: “It was contended on behalf of the Respondents that the pleadings show that the Complainant was aware of the complaint way back in 2008 and that, therefore, the Reference is barred by limitation in that it was filed outside the 2 months limitation period stipulated under Article 30(2) of the Treaty. Counsel for the Claimant submitted that the Reference is not time barred in that, the matters complained of are criminal in nature and concern the Rule of Law, good governance and justice which do not have any statutory limits. The case of Stanley Githunguri vs. Republic (1986) KLR 1 AND Republic vs. Gray Ex-parte Graham (1982) 3 All ER 653 were cited in support of this Submission. Article 30(2) 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 the absence thereof, of the day in which it came to the knowledge of the complainant, as the case may be.” REFERENCE NO.8 OF 2010 Page 19