prima facie case exists, the African Commission only needs to be satisfied
that the facts before it point to likelihood that a right protected in the
African Charter has been violated. There is no requirement in the African
Charter for evidence of systematic violations to be adduced for a prima
facie case to exist.
36. Whether a national court has handed down a judgment in a matter is
immaterial to the determination of the existence of a prima facie case
before the African Commission. What matters is whether such judgment is
in conformity with a state’s obligations under the African Charter. In
assessing the compatibility of the ruling of a national court with the
African Charter, the African Commission does not act as an appellate
body with powers to overrule the decisions of national courts but simply
discharges its mandate of ensuring compliance by a State Party, with the
provisions of the African Charter in its interpretation and application of
the law.
37. In the present Communication, the Complainants allege violations of
specific articles of the African Charter, the provisions of which they deem
the Kenyan Court of Appeal failed to take into consideration in their
application of the law.8 Because the Communication specifically hinges on
the interpretation and application of particular provisions of the African
Charter with regards to the Victim’s case, the African Commission is
satisfied that a prima facie case exists which it can determine without the
necessity to require a systematic pattern of violations.
likely occurred. See African Commission on Human and Peoples’ Rights, Information
Sheet No 3: Communication Procedure
8 Complainants specifically allege violation of Articles 2, 3, 14 and 18(3) of the African
Charter.
10