the African Commission held that the internal remedy to which article
56(5) refers entails a remedy sought from courts of a judicial nature’.
30. On Respondent State’s argument that the African Commission has no
jurisdiction to hear the Complainants’ matter because the judgment of the
Kenyan Court of Appeal is binding on it, the Complainants submit that
they do not request that the Commission review the interpretation of law
established by the Kenyan Court of Appeal, but that the African
Commission should evaluate the judgment of the Court of Appeal with
respect to their obligations under the African Charter and the other
international conventions to which Kenya is a party. According to the
Complainants, because their submission specifically concerns the
interpretation and application of the Charter in relation to the Victim’s
case, the Commission has jurisdiction to hear the matter.
Decision of the African Commission on the Respondent State’s Challenge to
its competence
31. Before delving into the Admissibility of this Communication it is
important to deal with the issue raised by the Respondent State on the
competence of the African Commission to hear this matter.
32. The Respondent State is of the view that the decision of the Kenyan Court
of Appeal is binding on the African Commission. According to the
Respondent State, it is only in situations where there is evidence of a
systematic violation of human rights by a state that international tribunals
can have the competence to entertain the matter. Since there is no such
evidence that there are systematic violations or discrimination on the basis
8