001086
57.The
Applicant
consequently
contends
that
local
remedies
were
unavailable,
ineffective and inadequate in the Respondent State, and that for this reason, he had
no other choice but to file this Application before this Court, praying the latter to
declare the same admissible.
KK
58. The Court notes that exhaustion of local remedies is one of the requirements which
an Application must meet to be declared admissible. However, as this Court has held
in the matter of Wilfred Onyango Nganyi and Others v. Tanzania, the remedies to be
exhausted in terms of Article 56(5) of the Charter are only those provided by law and
are relevant to the case of the Applicant.® This understanding of the provision is to
the effect that not all existing remedies have to be exhausted. Besides, the remedies
to be exhausted must be ordinary judicial remedies.®
59.In the instant Application, the Court observes that the Applicant was arrested on 8
January 2010 on two counts, namely, unlawfully entering and residing in Tanzania,
respectively.
On
17
January
2011,
the
Kagera
Resident
Magistrate’s
Court
in
Bukoba convicted the Applicant on both counts and sentenced him to pay a fine of
eighty thousand Tanzanian shillings (TZS 80,000) or two years’ jail term in default.
The Court of First Instance in Kagera, Bukoba, also handed down a
sentence of ten
strokes of the cane.
60. In a judgment
handed
down
on 6 June 2011, the Bukoba
High Court upheld the
Applicant's sentence of two (2) years imprisonment while quashing the sentence of
corporal punishment. The Court also ordered his deportation from the territory of the
Respondent State. Dissatisfied with this, the Applicant lodged an appeal before the
5 Wilfred Onyango Nganyi and Others v. Tanzania (Merits) (2016) 1 AfCLR 507, §§ 88-89; Norbert Zongo
and Others v. Burkina Faso (Merits) (2014) 1 AfCLR 219, § 68.
® Alex Thomas v. Tanzania (Merits), § 64; Application No.003/2015. Judgment of 28/09/2017 (Merits),
Kennedy Owino Onyachi and Another v. United Republic of Tanzania (Kennedy Owino Onyachi v Tanzania
(Merits), § 56; Nguza Viking v. Tanzania (Merits), § 52; Application No. 032/2015. Judgment of 21/03/2018,
Kijiji lsiaga v. United Republic of Tanzania (Kijiji lsiaga v Tanzania (Merits), § 45.
16