disseminated
through
the
media
and
the
African
Commission
consequently finds that the requirement of Article 56(4) has been met.
46. Article 56(5) requires that Communications be submitted after exhausting
local remedies, if any, unless it is obvious that this procedure is unduly
prolonged.
47. The Complainants submit that all available local remedies have been
exhausted since the Kenyan Court of Appeal had passed a final decision
on the Victim’s case. The Kenyan Court of Appeal being the most superior
Court in Kenya at the time, the Complainants maintain that there are no
more local remedies to be exhausted.
48. The Respondent State on the other hand argues that Complainants have
failed to meet this requirement since there are numerous judicial and
quasi-judicial local remedies in existence which were not utilized.
Regarding judicial remedies, the Respondent State maintains that the
Victim could submit an application for Review to the Kenyan Court of
Appeal if she was not satisfied with the Court’s decision. The Respondent
State also argues that the Victim could have submitted an Application in
terms of Section 84 of the Kenyan Constitution to the High Court which
has original jurisdiction to enforce fundamental rights as provided for in
the Constitution, when these rights have been violated.
49. It is also argued by the Respondent State that the Victim could pursue
available quasi-judicial remedies by lodging her claim in bodies like the
Kenya National Commission on Human Rights and the Public Complaints
Standing Committee which are empowered to hear matters such as those
raised by the Complainants in the present Communication.
13