“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.”
50.It has been further argued by Mr. Kaahwa that the starting date of an
act complained of under the provision of Article 30 (2) of the Treaty is not
the day the act ends, but the day when it is first effected and contends
that both justice and equity abhor a claimant’s indolence or sloth which is
the case in the present Reference.
51.In support of his stance, he referred us to the decisions of this Court in
Omar Awadh
and IMLU ( supra) and submitted that on the basis of
those decisions , the Applicant in the present Reference cannot argue that
computation of time can only commence after the cessation of his
detention as any argument premised on continued breach militates
against the very spirit and grain of the principle of legal certainty.
52.It is therefore his case that since the Reference was filed outside the
time limit prescribed by Article 30(2) aforesaid, the same should be struck
off with costs.
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