issues alleged as being raised for the first time before the Court were not
considered by the domestic courts, the latter ought to have been aware of
them as they were precipitated by national proceedings.
43. In the circumstances, the issues alleged as being raised for the first time
before this Court should be considered as part of the “bundle of rights and
guarantees” relating to the right to a fair trial that led to the Applicant’s
appeal. As such, the Applicant did not need to go back to the High Court,
since the Respondent State already had the opportunity to address the
possible human rights breaches before the domestic courts.15
44. Regarding the filing of a constitutional petition before the Respondent
State’s High Court, as provided for under Article 13 of the Respondent
State’s Constitution, the Court has consistently held that this remedy in the
Tanzanian judicial system is an extraordinary remedy that the Applicant is
not required to exhaust prior to seizing this Court.16
45. Consequently, the Court holds that local remedies were exhausted as
envisaged under Article 56(5) of the Charter and Rule 50(2)(e) of the Rules
and therefore, dismisses the Respondent State’s objection.
B. Other admissibility requirements
46. The Court notes that there is no contention regarding the compliance with
the conditions set out in Rule 50(2)(a), (b), (c), (d) and (g) of the Rules. Even
so, it must satisfy itself that these requirements have been met.
47. From the records on file, the Court notes that, the Applicant has been clearly
identified by name in fulfilment of Rule 50(2)(a) of the Rules.
15
Thomas v. Tanzania (merits), supra, § 60.
Thomas v. Tanzania, ibid, §§ 60-62; Mohamed Abubakari v. United Republic of Tanzania (merits) (3
June 2016) 1 AfCLR 599, §§ 66-70; Christopher Jonas v. United Republic of Tanzania (merits) (28
September 2017) 2 AfCLR 101, § 44.
16
14