neither required to pursue an application for review of that decision at the Court
of Appeal
nor to file a constitutional
petition at the High Court as these are
extraordinary remedies.
56. Concerning the Applicant’s second case, the Court notes that, on 27 October
2006, the Applicant appealed to the High Court against his conviction and
sentence on the count of conspiracy to commit a felony and robbery. However,
despite several correspondences to the concerned authorities to follow up on
his appeal,"© it was still pending as at the time he filed the Application before
this Court on 19 March 2015, that is, nine (9) years since he filed the appeal.
The Court notes that even though the remedy was available in theory, the
procedure to exercise it was unduly prolonged. Therefore, pursuant to Rule
40(5) of the Rules, he is deemed to have exhausted the local remedies.
57.Accordingly, the Court dismisses the objection raised by the Respondent State
to the admissibility of the Application on the ground of failure to exhaust the
local remedies,
ii.
Objection based on failure to file the Application within a reasonable
time
58. The Respondent State submits that the Applicant did not file his Application
within a reasonable time as required by Rule 40(6) of the Rules. In this regard
and
citing the decision
of the African
Commission
on
Human
and
Peoples'
Rights (herein-after referred as “the Commission”) in the matter of Michael
Majuru v. Zimbabwe,
the Respondent State argues that international courts
consider a six-month timeframe as reasonable and the Court should adopt the
same position.
‘6 See the Letters sent to the Chief Justice, dated 8 November 2013; to the Chairperson of the Judicial
Service Commission, dated on 2 May 2013; to the Presiding Judge of the High Court, dated 6 August 2013
and 4 February2013; to the Judge presiding over the Appeal before the High Court, dated 25 May 2012, 2
February 2012 and 11 March 2011, respectively.
18