ACHPR African Commission on Human and Peoples· nights Human f�ights our Collective Hespons1bility 11. The Complainant asserts that upon receiving the certified copies, he promptly lodged Volume One and Two of Civil Appeal No. 261 of 2017 with the Court of Appeal in Nairobi on July 31, 2017, and served Hon. Muiruri's Advocates on August 1, 2017. However, when this petition was being drafted by the 12. Commission, the Court of Appeal had not yet scheduled the appeal for a substantive hearing. 13. The Complainant alleges that by allowing Hon. Muiruri, who was forcibly dismissed from judicial service, to harass and silence him through a malicious defamation suit, Kenya has permitted its judiciary to violate his human rights. These violations include selective application of the law, mental and psychological torture, unlawful treatment contrary to Articles 2, 3, and 5 of the African Charter, as well as retribution contrary to Articles 5 and 9 of the African Charter. 14. The Complainant further asserts that Kenya's refusal to dismiss the malicious defamation suit unlawfully allowed the High Court to encroach upon the jurisdiction of the JSC. This situation exposed him to retaliation from disgruntled judicial officers and curtailed his freedom of expression and peaceful protest, thereby violating Article 9(2) of the African Charter. 15. The Complainant alleges that, until today, Kenya continues to enable the judiciary to undermine his legal practice by keeping him entangled in a frivolous, malicious, vexatious, costly, and time-consuming defamation suit for an entire decade. This prolonged ordeal is a punitive measure for his prior exposure to the State's misconduct, implying a bias within the Kenyan judiciary that jeopardizes his chances of receiving a fair trial. 16. Additionally, the Complainant submits that his legal practice has become ineffective and subject to ridicule. He submits that the Respondent State persistently sabotages and suppresses almost all the cases he files within the local judiciary. Articles alleged to have been violated: Prayers: 3 An Orgrm of lhe 31 Bij1 o nnex Layout, Kombo North District, West Coast Region, The Gambia Phone: (220) 230 4361 Fax: (220) 441 OS 04 Email: au-banjul@africa-union.org