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(a) By blocking his application to be elected as Speaker of the 9th Parliament, the Respondent State violated his rights under Article 13 (1), (2) and (3) of the Charter; (b) By allowing the person elected as Speaker of the 9th Parliament to serve the entire term in the 9th Parliament without going through proper elections, the Respondent State degraded and discriminated against him and acted in contravention of Articles 2, 3, 5, 19 and 27 of the Charter; (c) The High Court decision dismissing his application for permission to commence judicial review in High Court Miscellaneous Civil Application No. 554 of 2003 violated his rights under Article 7 of the Charter; (d) His imprisonment upon convidio~ by the High Court for querying the court's impartiality in Miscellaneous :C(vil Application No. 554. of 2003 violated his rights under Article 5, 6, 7 and 9(2) ofthe Charter; (e) The Chief Justice's inordinate delay in giving directions in Miscellaneous Civil Application No. 22 of 2004 amounts to viola,tion of his rights under Articles 3 and 7 of the Charter; (f) The courts decisions permitting a lawyer from private practice to interfere in his case by raising preliminary objections, and the courts' refusal to grant him permission to e;1.ppeal against that decision violated his rights under Articles 3 and 7 of the Charter. (g) The courts' refusal to hear his c~se in Miscellaneous Civil Application No. 22 of 2004 on the merits is in violation of Article 3 and 7 of the Charter; (h) The Court of Appeal's (i) failure to hear and determine the merits of Civil Appeal No. 266 of 2008, and (ii) decision of 20 April 2012 effectively dismissing some of the grounds of appeal in Civil Appeal No. 266 of2008 without hearing him on the merits thereof are in violation of Article 3 and 7 of the Charter; (i) The Supreme Court's act of dismissing his Petition No. 2 of 2012 on preliminary objections and without hearing him on the merits of the petition amounts to violation of his rights under Article 3 and 7 of the Charter;

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Communication 432/12 – Peter Odiwuor Ngoge v Republic of Kenya

ACHPR Decision

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Type of Document

Decision

Keywords

Elections / Referendums
Equality
Equality Before the Law
Participation in Government
Personal Liberty
Right to be Heard before a Competent Court
Right to Fair Trial

Case Head Notes: The Complainant states that, in 2003, he applied to be elected as Speaker of Parliament. However, his application was blocked, and another candidate was declared speaker. The Complainant sought leave for judicial review and, after the application was dismissed, the Complainant insinuated that the judge was acting on instruction to shield the Respondent. Consequently, the judge convicted him of contempt and sentenced him to one week imprisonment. In 2004 the Complainant commenced new proceedings and the matter was certified for urgent hearing. However, the Complainant states that the Chief Justice deliberately stalled the hearing of the matter. The Complainant also, in ensuing litigation attempts, brought up concerns regarding the participation of various members of the Respondents, and, in 2012, he states that one of the two judges of the Supreme Court, who dismissed his application, was a member of Parliament, when he applied to be elected Speaker, and that, therefore, she sat as a judge in her own cause in dismissing the appeal. The Commission found no violation of Article 3 because they state that, at all times, the Complainant enjoyed unfettered access to the law and courts and that his personal dissatisfaction cannot amount to legal grounds to conclude that his right to equality before the law was violated. The Commission found no violation of Article 5 because they could not find any evidence that state officials intentionally inflicted psychological pain or suffering on the Complainant, and they did not consider the facts relied on by the Complainant to be an attack on his inherent dignity. The Commission found no violation of Article 6 because there was no breach of Article 6 identified, and the Commission cannot find a violation for perceived future conduct. The Commission found no violation of Article 7 because they state that the Complainant did not suffer any substantial prejudice that could support a claim, and that the allegations of procedural irregularity in prosecuting his appeal do not amount to a denial of access to justice. Noting that the Complainant freely participated in the elections for Speaker of Parliament, the Commission found no violation of Article 13. The Commission stated that the contention that the Complainant was entitled to a fresh election was without merit, and that, allowing the Complainant to appoint his own date to contest in the election would amount to nullifying the will expressed by the people of the Respondent State. The Commission found no violation of Articles 19, 22, and 24 because the facts on which those allegations are based were outside the scope of issues on which the original complaint was based.

Country

Kenya

Outcome: Decided on Merits

Year Decided: Jun 3, 2024

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 9: Right to Receive Information and Free Expression
ACHPR 13: Right to Participate in Government
ACHPR 13.1: Right to participate freely in government
ACHPR 13.2: Right of equal access to the public service of the country
ACHPR 13.3: Right of access to public property and services
ACHPR 19: Right of All Peoples to Equality and Rights
ACHPR 2: Freedom from Discrimination
ACHPR 27.1: Duties towards family and society, the State and other legally recognized communities
ACHPR 27.2: Obligations of individuals when exercising rights and freedoms
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 9.2: Right to Express and Disseminate Opinions Within the law

Rights Not Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 13: Right to Participate in Government
ACHPR 19: Right of All Peoples to Equality and Rights
ACHPR 2: Freedom from Discrimination
ACHPR 22: Peoples' Right to Economic, Social and Cultural Development
ACHPR 24: Right to a General Satisfactory Environment
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 5: Cruel Inhuman and Degrading Treatment

Duration of Procedure

Oct 2, 2012 ~ Jun 3, 2024

Country Geolocation

Latitude: -0.023559

Longitude: 37.906193

Country Geolocation (linked ACHPR Decision): Kenya

Primary Documents

(432-12) Peter Odiwuor Ngoge v Kenya.pdf
English
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African Human Rights CLA 2.0

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Communication 432/12 – Peter Odiwuor Ngoge v Republic of Kenya

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