the Complainant has submitted that the judiciary and its "friends, sympathizers, and colleagues" are seeking revenge against him. 72. Also, although the use of the word "damning information", could be deemed to be largely an expression of opinion about the weight of the particular evidence, it seems to be the strongest description of such. The Commission opines that the Complainant could have made the same submissions substantially, without using disparaging or insulting language. Furthermore, the Commission considers that allegations of corruption (which are unsubstantiated), would necessarily reflect negatively on the institution(s) in question. 73. The Commission recalls that the Complainant had made submissiong with similar kind of language in his other Communications (the 5 separate Ngoge casesf'the 30 joined Ngoge cases and the 7 joined Ngoge cases), which had been considered by the Commission-s, and were declared inadmissible. The Commission found the language used by the Complainant in his submissions in those Communicationsj dispara~ffig and insulting. The language included words such as "damning evidence,,;l"cleverly tn"sulating 'or shielding recalcitrant judicial officers" and allusion that the judiciary was corrupt, and that the State had "enlisted the services of the Kenyan judiciary", to treat his complaints with "disdain, suspicion and contempt" . 74. The Commission therefore finds the language of the Complainant in his submissions in the present Communication, disparaging or insulting and holds that the submissions in this Communication does not comply with the requirement under Article 56(3) of the African Charter. .. ; 75. Article 56(4) of the African Charter provides that Communications should not be based exclusively on news disseminated through the mass media. The Complainant's submission was found to be based on Courts and Judicial records, not on news disseminated by the mass media. The Respondent State has made no submission to deny the Complainant's submission. Accordingly, the Commission is of the view that the Communication complies with Article 56(4) of the African Charter. 76. Article 56(5) of the African Charter provides that Communications should be 'sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged'. 77. In human rights law it is pertinent that a person whose rights have been violated to make use of domestic remedies to right the wrong, rather than address the issue to an international body.> This practice is based on the principle that the full and effective Communication 489/14: Peter Odiwuor Ngoge and Francis Gichuki Macharia v. Kenya; Communication 508/15: Peter Odiwuor Ngoge and Roselyn Ayoti and 242 FOlmer Employees of Unilever v. Kenya; Communication 518/15: Peter Ngoge v. Kenya; Communication 521115: Peter Ngoge v. Kenya; and Communication 534/15 - Peter Ngoge, Mohammed MusaJU!lu-.,.;j,L' others v. The Republic of Kenya; Communication 481-484114,486-488/14,490-498/14,504114, 513/15; 52 ~ 5, 525/· ,'~ 526/15, 528/15, 530/15 - 533115, 536/15 - 538/15, 570/15: Peter Odiwuor Ngoge v Republic of Kenya; .. €Q'mmunication ""0.0 438/12 - 519/15 - 534/15, 458/13, 509/15, 514/15, 517/15, 520/15, 522/15 - Peter Odiwuor Ngoge v Rep '" 6'fKenya. ("~. , 24 Nsongurua J. Udombana So Far, So Fair: The Local Remedies Rule in the Jurisprudence of the A san C!:i'mission 0 '" ': \ Human and Peoples' Rights (2003) 97 The American Journal of International Law (2003) 9. , EJ' 741h Ordinary Session of the ACHPR ~4. . ",.. 13 (5 i: : q '6 f>.\J.\Jf>. g 23 t ; ! It-.. <10 t~6' c "l, '" s/oo, '" <;)x, ..\~t(.,§ '·4""RtC ... c,,~,/ )fOMME E" (i '--"~' ~ '" IIJ I.'

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