would have been impractical and an extra-ordinary measure that was
not required of the Applicant.
dismissed
by
the
therefore exhausted
li
Court
Since the Applicant’s appeal was
of Appeal
of
Tanzania,
the
Applicant
local remedies.
The Application has not been filed within a reasonable
time after exhaustion
66.
of local remedies.
In the alternative, and without prejudice to the.
Respondent’s
argument that the application is inadmissible for non-exhaustion of
local remedies, the Respondent argues that the Application has not
been filed within a reasonable time vis-a-vis his Notice of Motion of
5 June 2009, to Review the Court of Appeal’s decision in Criminal
Appeal
Number 230 of 2008. This is because three (3) years and
almost three (3) months have lapsed since this Notice of Motion was
filed. The Respondent submits that the “reasonable period; specified in
the Charter for filing applications after exhaustion of local remedies should be
set at six months
in line with
developments
in international human
rights
jurisprudence and considering this, the Applicant has filed his application out of
time’.
The
Respondent
maintains
that,
by
these
standards,
the
Applicant would still be out of time for filing the Application,
if time
was
of the
reckoned
from
20
September
2011,
being
the
date
Applicant’s correspondence to the Chief Justice, reminding the Chief
Justice of the Application for Review of the judgment of the Court of
Appeal.
67.
The
Respondent
concludes
that
on
this
basis,
since
the
Application has failed to meet some of the conditions of admissibility,
it should be declared inadmissible and be dismissed with costs.
~~