Article 30 (2) provides that proceedings:
““shall be instituted within two months of the enactment, publication,
directive, decision or action complained of, or in the absence thereof, of
the day in which it came to the knowledge of the complainant, as the
case may be;” (Underlining is added for emphasis).
Upon careful consideration of this point of objection, it is our considered view,
that the matters complained of are failures in a whole continuous chain of events
from when the alleged violations started until the Claimant decided that the
Republic of Kenya had failed to provide any remedy for the alleged violations.
We find that such action or omission of a Partner State cannot be limited by
mathematical computation of time.
We accordingly overrule this objection.
In conclusion, we rule that:
1)
This Court has jurisdiction to handle this matter.
2)
Rule 24 was complied with.
3)
The 2nd, 3rd and 4th Respondents were wrongly joined.
4)
There is no cause of action against the 5th Respondent.
5)
The 2nd, 3rd, 4th and 5th Respondents be struck off the reference with costs.
6)
The Reference is not time barred.
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