discrimination as protected by the Charter and other regional and
international instruments, including the African Children’s Charter. The
Respondent State refers to some of the allegations in the said
communication, including the allegation that girls in primary and secondary
school who are found to be pregnant are expelled from school with no
possibility of re-admission.
37. Furthermore, the Respondent State refers to another Application instituted
before the East African Court of Justice, namely Reference No. 10 of 2020
Inclusive Development for Citizens and Center for Strategic Litigation
versus the Attorney General of the United Republic of Tanzania, which it
claims also raises similar allegations to the instant Application.
38. The Respondent State argues that under the circumstances, the instant
Application cannot be admissible as similar allegations have been raised
and are awaiting determination before another international forum with
jurisdiction to determine it. The Respondent State submits that this
Application is a fit case to apply the doctrine of res subjudice so as to prohibit
two international courts of competent jurisdiction to simultaneously
determine a matter raising similar allegations.
*
39. The Applicants claim that the Rules do not recognise res subjudice as per
Rule 50(2)(g) of the Rules which restates in substance Article 56(7) of the
Charter.
40. The Applicants submit that the question of the illegality of the education ban
premised on Regulation No. 4 of the Education Regulation (Expulsion and
Exclusion of Pupils from Schools) and cemented by the public declarations
as a government policy are yet to be determined by any forum of equivalent
jurisdiction to the Court.
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