He further added that there is no provision within the Treaty that provides for extension of time. He further contended that the cause of action arose between 22nd July, 2010 and 17th September, 2010 and that; therefore, the Reference should have been filed by 17th November, 2010 at the latest. 3rd Respondent’s Submissions Mr. Agaba Stephen, Counsel for the 3rd Respondent, also associated himself with the 1st and 2nd Respondents’ submissions. Citing Article 31 (1) of the Vienna Convention of the Law of Treaties he submitted that if the Court interprets Article 30 (2) of the Treaty strictly and gives it its ordinary meaning, the present Reference will be found to have been filed after the two month period provided under the above provision. Counsel distinguished the case of Independent Medical Legal Unit Vs the Attorney General of Kenya and 4 Others Ref. No.3. of 2010 where this Court held that “failures in a whole continuous chain of events cannot be limited by mathematical computation of time” from the present case. Firstly, he submitted that the Applicants did not show that they were abducted from Kenya and surrendered to Uganda illegally and that, therefore, the action complained of cannot be said to be still ongoing, when it did not even happen. Secondly, he argued, that the Applicants had not shown that the Republic of Uganda had failed to provide any remedy before coming to this Court. Applicants’ Response Mr. Muturi Kigano, Counsel for the Applicants, in reply, submitted that it was not contested that the Applicants and Counsel were aware of the infringements complained of from July 2010. However, his contention is that the Republic of Kenya and the Republic of Uganda continue to violate the Treaty by continuing to detain or falsely imprison his clients to-date. Citing this Court’s holding in Independent Medical Legal Unit vs The Attorney General of Kenya and 4 Others, Ref No 3 of 2010, he submitted that the Treaty violations complained of were a chain of continuous acts and that, in a situation such as the Applicants are in, time cannot begin to run until the violations end. 5

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