has no jurisdiction to extend the time and therefore the Court cannot proceed to grant interim or any orders on such an Application. Citing Article 30 (1) and (2) of the Treaty Counsel for the 2nd Respondent submitted that the Reference should have been filed within two months from the date the acts complained of happened or from the date the Applicants became aware of them. The present Reference, she argued, meets neither of those Treaty requirements. She contended that the present Application which arises from the Reference is time barred. She argued that Article 30 (2) of the Treaty reflects the principle that a cause of action arises when a state of facts occurs which gives a potential claimant a right to succeed against a potential defendant. She further argued that the Article also recognizes that where applicable, time to file a Reference does not begin to run until a claimant becomes aware of the alleged unlawful act or infringement complained of. However, after a person becomes aware of the said action, the stipulated time of two months begins to run and the time limit is thus imposed. She further contended that Article 30 (2) of the EAC Treaty does not legally recognize any “continuing” breach of violation of the Treaty outside the two months after a relevant action comes to the knowledge of the Claimant. Counsel contended that although the Applicants had sought to rely on Rules 1(2) and 4 of the East African Court of Justice Rules of Procedure, (“the Rules”), those Rules do not grant the Court any jurisdiction outside the Treaty but are themselves subject to the provisions of the Treaty. In support of her stance she cited Article 9 of the Treaty which provides, inter alia, that Organs of the Community shall perform their functions within the limits of the powers conferred by/or under the Treaty. 1st Respondent’s Submissions Mr. Edwin Okello, Counsel for the 1st Respondent, associated himself with the 2nd Respondent’s submissions and added that the proceedings provided for in the Article 30 (2) must be instituted within two months of enactment, publication, directive, decision or action complained of. 4