disseminated through the media and the African Commission consequently finds that the requirement of Article 56(4) has been met. 46. Article 56(5) requires that Communications be submitted after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged. 47. The Complainants submit that all available local remedies have been exhausted since the Kenyan Court of Appeal had passed a final decision on the Victim’s case. The Kenyan Court of Appeal being the most superior Court in Kenya at the time, the Complainants maintain that there are no more local remedies to be exhausted. 48. The Respondent State on the other hand argues that Complainants have failed to meet this requirement since there are numerous judicial and quasi-judicial local remedies in existence which were not utilized. Regarding judicial remedies, the Respondent State maintains that the Victim could submit an application for Review to the Kenyan Court of Appeal if she was not satisfied with the Court’s decision. The Respondent State also argues that the Victim could have submitted an Application in terms of Section 84 of the Kenyan Constitution to the High Court which has original jurisdiction to enforce fundamental rights as provided for in the Constitution, when these rights have been violated. 49. It is also argued by the Respondent State that the Victim could pursue available quasi-judicial remedies by lodging her claim in bodies like the Kenya National Commission on Human Rights and the Public Complaints Standing Committee which are empowered to hear matters such as those raised by the Complainants in the present Communication. 13

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