and deliberately prejudiced are not substantiated at all while being serious allegations
which cast aspersions on and would result in a weakening of public confidence in the
judicial institution. Consequently, the Commission finds that Article 56(3) of the
Charter is not satisfied.
43. In relation to Article 56(4) of the African Charter, the Commission takes note of the
fact that the Communication includes documents filed by the Complainant in the
High Court and the Court of Appeal of Kenya, the Business Premises Rent Tribunal,
among others. In light of the fact that there is no evidence that any of the information
provided is based exclusively on news disseminated through the media, the
Commission consequently finds that the requirement of Article 56(4) has been met.
45.
Inits jurisprudence, the Africa:
xetented to in pice Bob) os
if the petitioner can pursue, pitwithout i i
prospect of suc
/
m before complaining to an international body. However, the
Complainant needs to be able to show that the remedies do not fulfil these criteria in
practice, not merely, in the opinion of the Victim or that of his or her legal
representative.!©
46. The Complainant arg
not have to do,so
that:
ite
not having exhausted local remedies, he does
local. remedies are unavailable, insufficient or not effective at
assertion that his relationship with the Kenyan judiciary is
id lack of professional respect’, and he argues that local remedies
are unavailable,
ufficient or not effective because of artificial impediments,
hindrances and hurdles placed on his way.
all. He bases
one of ‘mistrus'
47. The first argument of the Complainant to this end is that the ruling of the Vetting of
Judges & Magistrates Board of Kenya constitutes an express and unequivocal official
public admission on the part of the Respondent State to the effect that local remedies
are either unavailable, insufficient or are not effectively accessible at all by the
'5 Communication 147/95-149/96 - Sir Dawda K. Jawara v. The Gambia (2000) ACHPR, para 32.
‘6 Communication 284/03 - Zimbabwe Lawyers for Human Rights & Associated Newspapers of Zimbabwe
Zimbabwe (2009) ACHPR, para 101.
10