44. The African Commission has also been made aware that the Respondent State has set up special investigative tribunals to investigate those members of the judiciary that have been implicated as having acted unethically in the performance of their functions. Presented with such information, the African Commission is of the view that the situation as it is now allows the Complainants to approach the domestic courts in Kenya without any apprehension that there will be an unfair adjudication in the matter. 45. Therefore, since the Complainants now have locus standi in the judicial review proceedings, they should exhaust the local remedies available and also seize this opportunity to challenge the court orders that were issued by the High Court before a superior court of jurisdiction in Kenya. Holding For these reasons, the African Commission in conformity with Article 56.5 of the African Charter declares this communication inadmissible for non-exhaustion of local remedies. th Adopted by the African Commission on Human and Peoples‟ Rights at its 36 Ordinary Session held from 23 November - 7 December 2004, in Dakar, Senegal. Footnotes 1. Communication 127/94 Sana Dumbaya/The Gambia. 2. [url= http://www.unhchr.ch/tbs/doc.nsf/0/30c417539ddd944380256713005e80d3?Opendocument]Communication No. 560/1993[/i], UN Doc CCPR/C/59/D/560/1993 (1997)[/url]. 3. Communication 211/98 Legal Resources Foundation/Zambia.

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