would have been impractical and an extra-ordinary measure that was
not required of the Applicant.
Since the Applicant's appeal was
dismissed by the Court of Appeal of Tanzania, the Applicant
therefore exhausted local remedies.
The Application has not been filed within a
Ill.
reasonable time after exhaustion of local remedies.
66.
In the alternative, and without prejudice to the Respondent's
argument that the application is inadmissible for non-exhaustion of
local remedies, the Respondent argues that the Application has not
been filed within a reasonable time vis-a-vis his Notice of Motion of
5 June 2009, to Review the Court of Appeal's decision in Criminal
Appeal Number 230 of 2008. This is because three (3) years and
almost three (3) months have lapsed since this Notice of Motion was
filed. The Respondent submits that the "reasonable period; specified in
the Charter for filing applications after exhaustion of local remedies should be
set at six months in line with developments in international human right;;
jurisprudence and considering this, the Applicant has filed his application out of
time". The Respondent maintains that, by these standards, the
Applicant would still be out of time for filing the Application, if time
was reckoned from 20 September 2011, being the date of the
Applicant's correspondence to the Chief Justice, reminding the Chief
Justice of the Application for Review of the judgment of the Court of
Appeal.
67.
The Respondent concludes that on this basis, since the
Application has failed to meet some of the conditions of admissibility,
it should be declared inadmissible and be dismissed with costs.
28