period of time to dispose of Appeals filed in the Court of Appeal, with a
view to delaying exhaustion of local remedies.
31.
The Complainant contends that local remedies are therefore "unavailable,
insufficient or not effective at all and cannot be accessed freely without
coming into contact with artificial impediments, hindrances and
hurdles ... impeding tools and roadblocks'<.
32.
The Complainant further submits that the ruling of the Vetting of Judges
and Magistrates Board of Kenya (Vetting Board) of 25 April
2012;" constitutes an express and unequivocal official public admission on the part
of the Respondent State herein to the effect that local judicial remedies are either
unavailable, insufficient or are not effectively accessible at all to your humble
petitioner and his clientele without coming face toface with artificial impediments
unlawfully erected on the way by agents of the Respondent State to impede or delay
access to justice'»
33.
The Complainant avers that the decision of the Vetting Board has been
rendered final by a decision of the Supreme Court in Judges & Magistrates
Vetting Board and others v Centre for Human Rights and Democracy and others
(Petition No.13A, 14, 15 (2013), thereby proving the unavailability and
ineffectiveness of local remedies.
34.
The Complainant contends that in many of his cases, judges have recused
themselves deliberately to prolong and delay the process or dismissed his
cases without delving into the merits. He submits that judges have failed to
guarantee his right to fair trial, and that this has led to a breakdown in
respect and trust between the judiciary and himself. The Complainant
further contends that complaints against the judiciary, which he has
submitted on several occasions to bodies such as the Judicial Service
Commission, Office of the Chief Justice, Kenya National Commission on
Human Rights and Law Society of Kenya have been treated with" disdain,
suspicion and contempt ... dismissed or refused without conducting
thorough investigations or inquiries">.
35.
Accordingly, the Complainant submits that local remedies have been
exhausted as per Article 56(5) of the African Charter.
Respondent State's Submission on Admissibility
36.
3 Admissibility
Submission,
page 2
submission
Page 3.
4 As above.
5 Admissibility
7