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

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