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

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