"' tI "';,JJ AC H PR African Commission on · hm:i:/il';. Human and Peoples' Rights Hurnan Rights our Collective Responsibility "Advocate O. P Ngoge made another complaint against the Judge. The board notes that Mr. Ngoge has made complaints against even; judge in the Court of Appeal, all to the effect that they are unfairly hostile to him and discriminate against him and, therefore, against his clients. Some ofthese complaints have been sent to the United Nations, the International Criminal Court, and other bodies. Clearly, there has been a complete breakdown of trust and professional respect between Mr. Ngoge and the Judiciary, with negative consequences all around. The situation seems to call for the intervention of the Law Societt; of Kenya (LSK) to achieve an appropriate remedy. The Board will contact the LSK regarding this. It is not in a position to make a finding against the Judge with respect to these complaints." 31. The Complainant alleges that the Respondent State, either knowingly or unlawfully, has endorsed the obstruction of his access to effective local remedies by its judiciary. He further asserts that this obstruction is a punitive retaliation for his previous exposure of official misconduct by the Respondent State, particularly concerning the 2003 Speaker of the National Assembly elections. 32. The Complainant asserts that the Respondent State, with deliberate intention, has allowed its judiciary to impede his effective access to local remedies. As evidence, he cites the disqualification of Honorable Mr. Onyango Otieno and Honorable Mr. Justice Alnashir Visram, Judges of the Court of Appeal, from hearing and deciding his Court of Appeal Civil Application No. NAI 265 of 2009 (UR 184/2009) on October 16, 2012. Additionally, he submits that on May 22, 2012, Honorable Mr. Justice M.A WARSAME, an appeal judge and a Commissioner with the JSC of Kenya, also disqualified himself from hearing and deciding his Nairobi Court of Appeal Civil Application No. NAI 265 OF 2009 (UR 184/2009). 33. Furthermore, the Complainant highlights that on October 13, 2009, Honorable Mr. Justice E.M Githinji, a Judge of the Court of Appeal, disqualified himself from hearing and deciding the Complainant's Court of Appeal Civil Application No. NAI 265 OF 2009 (UR 184/2009). In contrast, he submits that Honorable Mr. Justice Visram, who had previously disqualified himself on October 16, 2012, did not find it necessary to disqualify himself this time. 34. The Complainant states that on December 18, 2009, Honorable Mr. Justice P.K Tunoi, Honorable Mr. Justice Alnasir Visram, and Honorable Mr. Justice E.O 0 1kubasu collectively prevented him from being heard in the Court regarding his Civil Application No. NAI 265 OF 2009 (UR. 184/20 AfriGan (t. ·0, Union ,�.�;� Ar, Organ of lhe 6 African Commission 31 Bijilo Annex West Phone: (220) 230 4361 Fax: (220) 441 OS 04 Email: au-banjul@africa-union.org