f.
Are submitted within a reasonable time from the date local
remedies were exhausted or from the date set by the Court as
being the commencement of the time limit within which it shall
be seized with the matter; and
g.
Do not deal with cases which have been settled by those States
involved in accordance with the principles of the Charter of the
United Nations, or the Constitutive Act of African Union or the
provisions of the Charter.
35. In the present Application, the Court notes that the Respondent State raises
two objections to the admissibility of the Application. The Court will now
consider
these
objections
before
examining
other
conditions
of
admissibility, if necessary.
A. Objections to the admissibility of the Application
36. The first objection of the Respondent State relates to the requirement of
exhaustion of local remedies and the second relates to whether the
Application was filed within a reasonable time.
i.
Objection based on non-exhaustion of local remedies
37. The Respondent State argues that the Applicant had legal remedies
available to him prior to filing the Application before this Court but did not
utilise them. The Respondent State asserts that the Applicant could have
filed for an Application to review 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 for
enforcement of his basic rights under the Basic Rights and Duties
Enforcement Act.
38. The Respondent State submits that it was premature of the Applicant to
have instituted this matter before this Court as there were still local
remedies available to him. Therefore, the Respondent States contends that
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