observes that it does not have jurisdiction to examine the constitutionality of
domestic legislation. However, the Court can examine the extent to which such
legislation violates the provisions of the Charter or other international human
rights instrument ratified by the Respondent. Doing so would not require this
Court to sit as a Supreme Court of Appeal because the Court is not applying
"the same law as the Tanzanian national courts, that is, Tanzanian law."4 The
Court rather applies exclusively "the provisions of the Charter and any other
relevant human rights instrument ratified by the State concerned"5.
40.ln view of the above, the Respondent's preliminary objection to the material
jurisdiction of the Court on these grounds is dismissed and therefore, the Court
finds that it has material jurisdiction to examine this Application.
B. Personal Jurisdiction
i)
Respondent's Submissions
41. The Respondent challenges the Court's personal jurisdiction stating that the
Application contains allegations against a State, the Republic of Kenya, which
has not made the declaration accepting the Court's competence to receive
complaints from individuals and NGOs as required by Article 34(6) of the
Protocol.
ii)
Applicants' Submissions
42. On their part, the Applicants argue that the Application is not filed against
Kenya, and that the allegations against the Republic of Kenya are made to
provide a full narrative of events as they unfolded in relation to the case.
iii)
The Court's Assessment
43. The Court notes that the Application is brought against the Republic of
Tanzania, which is a State Party to the Charter and the Protocol, and which
deposited the declaration in terms of Article 34(6) of the Protocol on 29 March
4Jbid, para. 28.
5 Ibid.
13