criminal appeal was dismissed by the Court of Appeal, the highest and final
appellate court of the Respondent State.
45. In his Reply to the Respondent State’s Response, the Second Applicant
argues that the Respondent State’s assertion that he could have initiated a
constitutional petition for enforcement of his basic rights, such as the right
to legal aid, is untenable. He contends that it was the fundamental
responsibility of the Magistrate or Judge to inform him of his rights at every
stage of the proceedings. In his case, however, neither the Magistrate nor
the Judge fulfilled this obligation. Furthermore, the Second Applicant
asserts that although the Respondent State has a legal aid scheme in place,
its operation falls within the exclusive mandate and discretion of the
Certifying Authority to grant or deny, thus leaving him with no say in the
matter.
***
46. The Court notes that pursuant to Rule 50(2)(e) of the Rules, any application
filed before it must fulfil the requirement of exhaustion of local remedies
unless local remedies are unavailable, ineffective, or the domestic
procedure to pursue them is unduly prolonged.10 This requirement seeks to
ensure that, as the primary stakeholders, States have the opportunity to
address human rights violations occurring within their jurisdiction before an
international body is called upon to intervene. It reinforces the subsidiary
role of international human rights bodies in the protection of human and
peoples’ rights. In its established jurisprudence, the Court has also
consistently affirmed that in order for this admissibility requirement to be
met, the remedies that should be exhausted must be ordinary judicial
remedies.11
10
Thomas v. Tanzania (merits), supra, § 64; Kennedy Owino Onyachi and Charles Mwanini Njoka v.
United Republic of Tanzania (merits) (28 September 2017) 2 AfCLR 65, § 56; Werema Wangoko
Werema and Wasiri Wangoko Werema v. United Republic of Tanzania (merits) (7 December 2018) 2
AfCLR 520, § 40.
11 Wilfred Onyango Nganyi and 9 others v. United Republic of Tanzania (reparations) (4 July 2019) 3
AfCLR 308, § 95.
13