41. Article 56(4) of the African Charter states that “Communications relating to human and Peoples’ Rights… shall be considered if they are not based exclusively on news disseminated through the mass media”. In shedding more light to this provision, the Commission averred that “the issue therefore should not be whether the information was gotten from the media, but whether the information is correct’ and whether the complainant tried to verify the truth” 14 This interpretation from Jawara was adopted with approval in Ahmed Ismael and 528 Others v. the Arab Republic of Egypt.15 In the present Communication, the Complainants have presented substantial volumes of evidence in the form of witness statements and various contemporaneous documents. The Commission is of the opinion that the Complainant has not relied exclusively on news disseminated through the mass media and thus adheres to Article 56(4) of the Charter. Article 56[5] 42. Article 56(5) of the African Charter states that “Communications relating to human and Peoples’ Rights… shall be considered if they are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged.” The Commission requires exhaustion of local remedies where they are ‘available, effective and sufficient to redress the alleged violation.’16 An available remedy is one where ‘the petitioner can pursue it without impediment’.17 An effective remedy will be one that ‘offers a prospect of success.’18A remedy will be sufficient ‘if it is capable of redressing the complaint.’19 43. The Complainants argue that they exhausted local remedies by their civil claim to the High Court in Kenya for which they received judgement in 2020 despite not pursuing an appeal as allowed by Kenyan Law. The Complainants contend that “there was no realistic prospect of having access to an effective remedy by appealing the judgment in the Kenyan Civil Claim and the deadline for filing grounds of appeal elapsed on 10 September 2021. As a matter of Kenyan law, the Kenyan Civil Claim is now closed, and it is not possible to appeal that judgment.” 14 Communication 147/95-149/96: Sir Dawda K. Jawara v Gambia (The), 11 May 2000, para 25 and 26. Communication 467/14, 27 May 2016. 16 Communication 147/95-149/96: Sir Dawda K. Jawara v Gambia (The), 11 May 2000, para 31. 17 Communication 317 / 2006 – The Nubian Community in Kenya vs The Republic of Kenya, 30 May 2016, para 55. 18 Communication 147/95-149/96: Sir Dawda K. Jawara v Gambia (The), 11 May 2000, para 31. 19 Communication 147/95-149/96: Sir Dawda K. Jawara v Gambia (The), 11 May 2000, para 31. 15 12

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