determining reasonable time are the applicant’s situation, the fact of being
incarcerated, being a lay person, not receiving legal aid and being indigent
and illiterate.
47. In the present case, the Court notes that local remedies were exhausted on
1 August 2013, when the Court of Appeal Court sitting in Mwanza dismissed
the Applicant’s appeal. Since the present Application was filed on 10 May
2016, a period of two (2) year, nine (9) months and nine (9) days elapsed
after the exhaustion of local remedies. The issue for determination,
therefore, is whether the time it took the Applicant to file the Application
before the Court is reasonable.
48. The Court notes that the Applicant is a peasant who could not afford legal
representation in the proceedings before domestic courts. Given that the
Applicant is a lay, incarcerated and indigent person who did not have the
benefit of legal support to aptly understand processes before this Court, it
should be considered that the period of two (2) year, nine (9) months and
nine (9) days that it took him to file the present Application is reasonable.
49. Given the above, the Court finds that the Application was filed within a
reasonable time as prescribed under Article 56(6) of the Charter and as
restated in Rule 50(2)(f) of the Rules. The Court thus dismisses the
Respondent State’s objection in this regard.
C. Other admissibility requirements
50. The Court notes that the Parties do not contest the admissibility of the
Application in relation to the requirements of Rule 50(2)(a), (b), (c), (d), and
(g) of the Rules. Nevertheless, the Court must ascertain that these
requirements are also met.
51. It emerges from the record that the Applicant is clearly identified by name in
line with Rule 50(2)(a) of the Rules.
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