It was contended by Counsel for the 5th Respondent that the pleadings do not
disclose any cause of action in the Reference against his client.
On the other hand, Learned Counsel for the Claimant insisted that there is a
cause of action against the 5th Respondent.
With due respect to learned Counsel for the Claimant, we have perused the
pleadings and we find that they do not disclose any cause of action against the 5th
Respondent in that there are no allegations or complaints against the 5th
Respondent. There are also no remedies sought against him. We accordingly
find merit in this objection and order that the 5th Respondent be struck off the
reference with costs.
5
Limitation:
It was contended on behalf of the Respondents that the pleadings show that the
complainant was aware of the complaint way back in 2008 and that, therefore,
the Reference is barred by limitation in that it was filed outside the 2 months
limitation period stipulated under Article 30(2) of the Treaty.
Counsel for the Claimant submitted that the Reference is not time barred in that,
the matters complained of are criminal in nature and concern the Rule of Law,
good governance and justice which do not have any statutory limits. The case of
Stanley Githunguri ‐ vs ‐ Republic (1986) KLR 1 and Republic ‐ vs ‐ Gray Ex‐
parte Graham (1982) 3 All ER 653 were cited in support of this submission.
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