17. On 20 November 2007, the Court of Appeal struck out the Respondent'
s Criminal
Appeal No. 276 of 2006. This decision enabled Criminal Application No.
16 of 2006
to proceed.
18. On 26 September 2008, the High Court dismissed in its totality Criminal
Application
No. 16 of 2006. On 26 November 2008, the Applicants appealed this decisio
n of the
High Court to the Court of Appeal in Criminal Appeal No. 353 of 2008,
and on 14
February 2011, the appeal was struck out for being incompetent as the
Appellants
had not obtained leave to appeal. They then filed a fresh appeal to the
Court of
Appeal in Criminal Appeal No. 27 of 2011 ; the Court of Appeal allowed
the Appeal
on 19 March 2013, on the basis that the trial High Court judge erred in decidin
g the
case on the merits without ruling on the preliminary points of law raised
by the
Respondent. The case was therefore remitted back to the High Court for
a dec1sion
on the preliminary points of law.
19. The Applicants aver that thereafter, they filed an Application before
this Court,
arguing that they have exhausted local remedies as: "(a) On the crimina
l charges,
there has been an inordinate delay of seven years before their case
has been
brought to trial; and (b) On the violation of their rights, their application has
gone up
to the Court of Appeal".
20. The Applicants also point out that their Applications have proceeded all
the way to
the Court of Appeal twice, both times without success. To that extent,
they argue
that within the judicial system of the Respondent, they have exhausted
all local
remedies. Furthermore, they allege that the Court of Appeal of the Respo
ndent
"ought to have treated the repeated applications with the objective of
obtaining
substantive justice in the matter without undue regard to technicalities
of the law,
especially of the procedural law".
21 . In conclusion, the Applicants maintain that they only brought the Application
to this
Court after they realised that the Respondent was taking too long to
initiate the
proceedings directed by the Court of Appeal in Case 79 of 2011 .
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