00136?
raise them explicitly, local remedies must be considered
to have
been
exhausted.6
42. This Court notes that in the instant case, given that the Court of Appeal was in
a position to examine several claims of the Applicants with respect to the
manner in which the High Court conducted the proceedings, there was ample
opportunity to assess whether the right to be heard was upheld by the lower
court.
43. Regarding the constitutional petition, the Court finds that as earlier recalled in
the present Judgment, this remedy as it applies in the judicial system of the
Respondent State
is an extraordinary remedy, which an Applicant is
not
required to exhaust prior to filing a case before this Court.
44.The Court notes that after being sentenced to death by the High Court on 25
November 201 1, the Applicants appealed against the decision before the Court
of Appeal, which on 22 March 2013, dismissed their appeal. The Court further
notes that the Court of Appeal is the highest court of the Respondent State.
45.As a consequence of the foregoing, the Court finds that local remedies have
been exhausted and therefore dismisses the Respondent State's objection in
relation to non-exhaustion of local remedies.
Objection based on failure to file the Application within a
reasonable time
46. The Respondent
state submits that the period of two (2) years that it took the
Applicants to file the present Application after the Court of Appeal delivered its
judgment on 22 March 2013 is not a reasonable time within the meaning of
Article 56(5) of the Charter. Referring to the decision of the African Commission
on Human and Peoples' Rights (African Commission) in the case of Michaet
6 See Armand Guehi v. Tanzania (Merits and Reparations),
$ 50. See also A/ex Thomas v. Tanzania
(Merits), SS 60-65; and Application No. 003/2015. Judgment of 21t09l2ai (Merits), Kennedy owino
Onyachi and Charles John Mwanini Njoka v. lJnited Repubtic of Tanzania, g 54.
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