39. The Respondent State further contends that the Applicant’s failure to institute a Constitutional Petition at the High Court of Tanzania is clear evidence that the Applicant has not afforded it the opportunity to address the allegations within the framework of its domestic legal system. Citing the jurisprudence of the African Commission on Human and Peoples’ Rights (hereinafter referred to as “the Commission”) in Communication No. 263/02 - Kenya Section of the International Commission of Jurists, Law Society, Kituo cha Sheria v. Kenya and Communication No. 333/206 – Sahringon and Others v. Tanzania, the Respondent State further avers that it is an established principle in international law that a State should be given the opportunity to redress an alleged wrongful act within the framework of its own domestic legal system before it is dealt with at the international level. The Respondent State concludes that, in the alternative, if the Court finds that the Applicant exhausted local remedies, this should not be interpreted by the Applicant to mean that he has to submit a case before the Court without a real cause of action. 40. The Respondent State accordingly argues that, since he did not pursue these remedies, he cannot and should not be deemed to have exhausted local remedies with respect to the alleged violations. * 41. The Applicant avers that after his conviction by the trial court, he appealed the decision of the court before the High Court and Court of Appeal without success. He argues that the Respondent State’s challenge to the Court’s jurisdiction is illogical and not supported by legal prudence. 42. The Applicant specifically disputes the Respondent’s State’s contention that it is only the High Court of the Respondent State that has jurisdiction to entertain alleged violations arising from the derogation of Article 13(1) of the Constitution of the Respondent State of 1977 and Section 4 of the Basic Rights and Duties Enforcement Act and not the Court. He insists that he is innocent and should be set free. 12