Act. In this connection, the Respondent State's contention is that both
Applicants could have filed a constitutional petition regarding the alleged
violation of their rights before approaching this Court. However, as the
Court has consistently held, the remedy of a constitutional petition in the
Respondent State’s judicial system is an extraordinary remedy that an
Applicant is not required to exhaust prior to seizing this Court.10
46. Given that there is no contest that both Applicants, after being convicted
and sentenced, pursued their appeals all the way to the Court of Appeal,
which is the highest judicial body in the Respondent State, with their
grievances, the Court finds that both Applicants exhausted domestic
remedies and thus dismisses the Respondent State’s objection.
ii. Objection alleging failure to file the consolidated Applications within a
reasonable time
47. The Respondent State contends that it took the First Applicant three (3)
years and ten (10) months after the Court of Appeal’s dismissed his appeal
for him to file his Application. According to the Respondent State, this lapse
of time was unreasonable and should thus make the First Applicant’s
Application inadmissible. In support of its argument, the Respondent State
cites the decision of the African Commission on Human and Peoples’
Rights in Michael Majuru v. Zimbabwe and submits that a period of no more
than six (6) months should be deemed as reasonable for filing applications
before the Court.
48. According to the Respondent State, “the [Second] Applicant’s case at the
local jurisdiction was concluded in 27th day of October 2008. The [Second]
Applicant filed this Application on 08th May 2018, which is ten years after
the conclusion of his case…” The Respondent State thus submits that
10
Mgosi Mwita Makungu v. United Republic of Tanzania (7 December 2018) 2 AfCLR 550, § 46;
Thomas v. Tanzania (merits), supra, §§ 60-62 and Mohamed Abubakari v. United Republic of Tanzania
(merits) (3 June 2016) 1 AfCLR 599, §§ 66-70.
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