United Nations, or the Constitutive Act of African Union or the
provisions of the Charter.
36. In the present Application, the Respondent State raises an objection to the
admissibility of the Application based on non-exhaustion of local remedies.
The Court will consider this objection before examining other conditions of
admissibility, if necessary.
A. Objection based on non-exhaustion of local remedies
37. The Respondent State argues that the Applicant did not exhaust all the local
remedies available within its jurisdiction before filing the Application. The
Respondent State asserts that the Applicant could have filed an application
for review of the Court of Appeal’s decision under Rule 66 of the Court of
Appeal Rules, 2009. The Respondent State also claims that the Applicant
had the remedy of filing a Constitutional Petition before the High Court for
enforcement of his basic rights under the Basic Rights and Duties
Enforcement Act.
*
38. The Applicant disputes the Respondent State’s objection and asserts that
this Application has passed the test of admissibility and should be allowed.
***
39. The Court notes that pursuant to Article 56(5) of the Charter, whose
provisions are restated in Rule 50(2)(e) of the Rules, any application filed
before it shall fulfil the requirement of exhaustion of local remedies. The rule
on exhaustion of local remedies aims at providing states the opportunity to
deal with human rights violations within their jurisdictions before an
international human rights body is called upon to determine the State’s
responsibility for the same.14
14
African Commission on Human and Peoples’ Rights v. Republic of Kenya (merits) (26 May 2017) 2
AfCLR 9, §§ 93-94.
11