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Human and Peoples' Rights
35. The Complainant argues that these actions led to a complete denial of his
inherent right to access justice in the Court of Appeal, and they served to
protect the Senior Deputy Registrar of the High Court, who was included as a
respondent in the application, from being held accountable, thus detrimentally
affecting him. He further contends that due to the unprofessional conduct of
the Court of Appeal judges, which clearly aimed to frustrate him and
unlawfully hinder his access to local remedies as a form of retribution, any
submissions made by him are merely formal exercises without any potential
for remedy in the Court of Appeal.
36. The Complainant additionally contends that this Communication meets the
admissibility criteria due to the unjustifiable prolongation of local remedies by
the Judiciary of the Respondent State. He avers that the significant and
unexplained delays in providing him with certified copies of proceedings and
a ruling by Hon. Mr. Justice G.P Odunga in September 2012 have impeded his
capacity to initiate Nairobi Court of Appeal Civil Appeal No. 261 of 2017,
thereby prolonging the local remedies to his disadvantage. The Complainant
submits that the Judiciary has acknowledged its responsibility by issuing a self
explanatory Certificate of Delay dated July 26, 2017.
Submission of the Communication within a reasonable time
37. The Complainant submits that upon receipt of the Certificate of Delay, the High
Court proceedings, and the certified copies of the ruling issued by Hon. Mr.
Justice G.V Odunga, he expeditiously compiled all pertinent documents and
promptly lodged the complaint with the Commission. He emphasizes that
there was no delay on his part, particularly in light of the General Elections
held on August 8, 2017, and the subsequent repeat presidential elections on
October 26, 2017.
Exclusion of cases settled in accordance with other principles.
38. The Complainant asserts that this Communication has not been previously
submitted to any treaty monitoring body other than the Commission.
Respondent State's Submission on Admissibility
39. Despite the Commission's request for the Respondent State to present its
arguments and evidence on admissibility, as per Rule 105(2) of the 2
of Procedure governing this Communication, no response has been
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African Commissi
31 Bijilo Ano
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Phone: (220) 23
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