BACKGROUND According to the affidavit evidence and written submissions on the record it is discernible that the Applicants were arrested from the Republic of Kenya, taken to and detained in the Republic of Uganda where they have been arraigned on charges of terrorism allegedly committed in Uganda. They maintain that their arrest, transfer to and detention in Uganda infringes the Treaty. It is against this background that they are before this Court seeking urgent intervention. At the hearing Counsel for the Applicants dropped prayers (c) and (d), and maintained prayers (a) and (b) related to fees and injunction respectively. Before the hearing of the Application could proceed Ms Patricia Mutesi, Counsel for the 2nd Respondent raised a preliminary objection, on limitation of time. The Court then allowed all parties to file their respective submissions on the objection. This Ruling is in respect of that preliminary objection. SUBMISSIONS 2nd Respondent’s Submissions Ms Patricia Mutesi, Counsel for the 2nd Respondent relied on the affidavits of Ms Robina Rwakoojo, the Acting Director of Civil Litigation in the Attorney General’s Chambers, Kampala, Ms Joan Kagezi, Senior Principal State Attorney in the Directorate of Public Prosecutions, Kampala and that of Wilson Magomu, Seniors Superintendent in the Uganda Prisons Service, and told the Court that the acts complained of in the Reference happened between 22nd July and 17th September 2010. She pointed out evidence on the record that shows that the Applicants were at all times from the 22nd July 2010 aware of the acts they are now complaining of. She then showed the Court evidence that the Reference was filed on the 9th June 2011. She contended that the Reference on which this Application is based is itself out of time, that the Court 3