Respondent. ………………..All the applicants are currently being detained at Luzira Prison, Kampala, Uganda.” It can be further discerned from paragraphs 6 and 7 of the supporting affidavit of Rabia Mohamed Omar which, at paragraph 6 says, in part, that several Kenyan Muslims, inclusive of her husband, have been captured by and/or abducted by the Kenya Police and/or officers acting thereunder in cahoots and/or collaboration with officials from the Republic of Uganda and the United States Government and transported/ transferred and surrendered to Uganda. None of the victims have been subjected, before rendition to Uganda, to due legal process and/or recourse to due extradition process; and at paragraph 7 it states that: “My said husband is in custody of the notorious Rapid Response Unit (para military) at Kireka, Kampala following violent capture, abduction and surrender as aforesaid. He has not been tried or convicted. He was abducted on the 17th September 2010 on Kimathi Street…………” From the above cited parts of the Reference and affidavit evidence, it is clear that the acts complained of as unlawful include unlawful detention, detention incommunicado, denial of bail, vicious torture, continuous interrogation. “Black’s Law Dictionary, 9th Edition, at p.514, defines “Detention” as “The act or fact of holding a person in custody; confinement or compulsory delay.” The Online Encyclopedia, Wikipedia, defines “Detention” as “any form of imprisonment where a person’s freedom of liberty is removed…..”. Loukės G. Loukaidės, in “The European Convention on Human Rights: Collected Essays”, at p.26, states, inter alia, that “ …detention appears to be a typical case of a continuing violation initiated by an instantaneous act…” The common thread running through the above literature, with which we are respectfully in agreement, shows that detention is not a single happening, 7

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