Joint Decision of the African Commission on Human and Peoples'
Rights on Admissibility
Communication 515/15 - Peter Odiwuor Ngoge v The Republic of Kenya and
Communication 527/15 - Peter Ngoge & Julius Anyango V. The 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, there are currently seven (7) pending before
the African Commission on Human and Peoples' Rights (the Commission). The
present matter is a joinder of two (2) of the 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,
in violation of the Constitution of Kenya and the African Charter.
4. Communication 515/15 was received on 15 December 2014 on behalf of Peter
Odiwuor Ngoge of O.P. Ngoge & Associates Advocates (the Complainant). The
Complainant submits that his Bill of Costs dated 3 August 2007 and 2 May 2007
were taxed by consent of the Parties in the sum of Kenyan Shillings 1,568,479
and Kenya Shillings 1,297,939 in High Court MISe. Civil Application No. 260
of 2007 and High Court MISe. Civil application No. 259 of 2007, respectively.
5. The Complainant alleges that on 15 February 2008, the Hon. Lady Justice
Nambuye declined to adopt the consents as judgment of the Court under
Section 51 [2] of the Advocates Act, consequent upon which the Complainant
filed Civil Application No. NAI 22 and 23 of 2008 and Civil Appeal No 233 of
2010, respectively in the Court of Appeal to challenge the ru~'
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6. The Complainant states that on 22 October 2010, Hon.
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The Republic of Kenya ratified the African Charter on 10 February 1992
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