44. The African Commission has also been made aware that the Respondent State has set up
special investigative tribunals to investigate those members of the judiciary that have been implicated
as having acted unethically in the performance of their functions. Presented with such information, the
African Commission is of the view that the situation as it is now allows the Complainants to approach
the domestic courts in Kenya without any apprehension that there will be an unfair adjudication in the
matter.
45. Therefore, since the Complainants now have locus standi in the judicial review proceedings, they
should exhaust the local remedies available and also seize this opportunity to challenge the court
orders that were issued by the High Court before a superior court of jurisdiction in Kenya.
Holding
For these reasons, the African Commission in conformity with Article 56.5 of the African Charter declares
this communication inadmissible for non-exhaustion of local remedies.
th
Adopted by the African Commission on Human and Peoples‟ Rights at its 36 Ordinary Session held from 23
November - 7 December 2004, in Dakar, Senegal.
Footnotes
1. Communication 127/94 Sana Dumbaya/The Gambia.
2. [url=
http://www.unhchr.ch/tbs/doc.nsf/0/30c417539ddd944380256713005e80d3?Opendocument]Communication No.
560/1993[/i], UN Doc CCPR/C/59/D/560/1993 (1997)[/url].
3. Communication 211/98 Legal Resources Foundation/Zambia.