2012 in support of the Reference). It is further common ground that the
instant Reference was lodged in this court on 14th October 2011 and
amended on 31st August 2012.
56.It is glaringly clear from the foregoing that the Applicant lodged his
Reference more than 16 days after the expiry of the two-months time-limit
prescribed by Article 30 (2) of the Treaty.
57.It is now settled law as amply demonstrated in the decisions of this
Court that Mr. Kaahwa has made reference to, that the computation of
time starts on the date of the unlawful act act complained of, and not the
day that the act ends –See Omar Awadh’s case [supra] and the
Independent Medico Legal Unit case (supra).Time therefore started
running on 28th July 2011 and stopped running on 28th September 2011.
58.Mr Onsongo, in rebuttal to Mr. Kaahwa’s arguments on this point,
contends that his client’s main grievance is “the process that led to the
incarceration and the denial of freedom of movement “. He submits
that the whole process was conducted unprocedurally. With due respect to
him, we do not find merit in this argument. He cannot, in our candid view,
afford himself the argument to the effect that Article 30(2) of the Treaty as
regards the computation of time to institute proceeding does not apply to
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