refer to them. He emphasises that the role of the courts is to ensure that
justice is done by applying all pertinent rules and regulations and not to do
justice merely on the basis of those rules cited by the parties.
***
41. The Court notes that pursuant to Rule 50(2)(e) of the Rules, any application
filed before it must fulfil the requirement of exhaustion of local remedies
unless local remedies are unavailable, ineffective, or the domestic
procedure to pursue them is unduly prolonged.11 This requirement seeks to
ensure that, as the primary duty bearers, States have the opportunity to
address human rights violations occurring within their jurisdiction before an
international body is called upon to intervene. It reinforces the subsidiary
role of international human rights bodies in the protection of human and
peoples’ rights. In its established jurisprudence, the Court has also
consistently affirmed that in order for this requirement of admissibility to be
met, the remedies that should be exhausted must be ordinary judicial
remedies.12
42. In the instant case, the Court notes from the record the Applicant makes
four allegations of violations of human rights; namely, right to equal
treatment and equal protection of the law, the right to bail, the right to be
heard, and right to legal representation, contrary to Articles 2, 3, 6 and 7 of
the Charter, respectively.
43. The Court further notes that the Applicant’s allegation of denial of his right
to bail is indeed being raised for the first time. It is evident that this particular
claim was neither presented during the trial proceedings nor was it included
as one of the grounds of appeal before the High Court and the Court of
Appeal.
11
Thomas v. Tanzania (merits), supra, § 64; Kennedy Owino Onyachi and Charles Mwanini Njoka v.
United Republic of Tanzania (merits) (28 September 2017) 2 AfCLR 65, § 56; Werema and Werema v.
Tanzania (merits), supra, § 40.
12 Wilfred Onyango Nganyi and 9 others v. United Republic of Tanzania (reparations) (4 July 2019) 3
AfCLR 308, § 95.
12