Joint Decision of the African Commission on Human and Peoples'
Rights on Admissibility
Communication 485/14 -Peter Odiwuor Ngoge v Republic of Kenya and
535/15 - Peter Odiwuor Ngoge and Joseph Njau v Republic of Kenya
Summary of the Complaints
1.
The Secretariat of the African Commission on Human and Peoples' Rights
(the Secretariat) received a total of fifty-seven (57) Complaints from Mr.
Peter Odiwuor Ngoge (hereinafter "the Complainant" or "Mr. Ngoge")
between 2012 and 2017, on his behalf and on behalf of his clients. Mr. Ngoge
is a practicing advocate of the High Court of Kenya and o.P Ngoge &
Associates Law Firm. Out of the initial total, twelve (12) are pending before
the African Commission on Human and Peoples' Rights (the Commission).
The present matter is a joinder of two (2) outstanding Complaints.
2.
The Complaints are submitted against the Republic of Kenya' (Respondent
State), a State Party to the African Charter on Human and Peoples' Rights
(the Charter).
3.
The Complaints reveal a similar pattern of alleged violations, prompted by
overlapping
facts and circumstances,
which, in totality, allegedly
demonstrate the means and methods by which the Respondent State has
discriminated against the Complainant and his clients and also denied them
access to justice.
4.
Generally, the Complainant contends that the Respondent State, through its
judiciary and other institutions, namely, the Law Society of Kenya, State
Law Office, and Office of the Director of Public Prosecutions, has
systematically discriminated against him and denied him access to justice,
in violation of the Constitution of Kenya and the African Charter. The
Complainant avers that the Respondent State is motivated by the desire to
penalize him for allegedly exposing "wrong doings" by the Respondent
State during elections for the position of Speaker of the National Assembly
in 2003.
5.
The Republic of Kenya ratified the African Charter on 10 February 1992
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