***
38. 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 the local remedies are unavailable or ineffective, or the domestic
procedure to pursue them is unduly prolonged.11 This is 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. In its jurisprudence, the Court has affirmed
that in order for this requirement to be met, the remedies that should be
exhausted must be ordinary judicial remedies.12
39. In the instant Application, the Court observes that the Applicant was tried
before the High Court sitting at Mbeya and convicted on 30 June 2015.
Thereafter, the Applicant appealed to the Court of Appeal sitting at Mbeya
which affirmed the conviction and sentence on 12 October 2017. It was only
after the Court of Appeal’s decision that this Application was filed on 28
September 2018. Given that the Court of Appeal, within the Respondent
State’s legal system, is the highest judicial body that one has recourse to,
the Court finds that the Applicant exhausted domestic remedies.
40. In view of the foregoing, the Court holds that the Applicant exhausted local
remedies as required 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 conditions of admissibility
41. The Court notes that there is no contention regarding the Application’s
compliance with the conditions set out in Rule 50(2)(a), (b), (c), (d), (f) and
11
Kennedy Owino Onyachi and Charles Mwanini Njoka v. United Republic of Tanzania (merits) (28
September 2017) 2 AfCLR 65, § 56.
12 Wilfred Onyango Nganyi and 9 Others v. United Republic of Tanzania (reparations) (4 July 2019) 3
AfCLR 308, § 95.
11