conversely upholds the Respondent State’s objection regarding the case of
adultery and the complaint against the officials who signed the forensic
report.
80. Consequently, the Court holds that the Application meets the requirement
of exhaustion of local remedies only in respect of the divorce case and the
constitutionality of Article 236 of the Penal Code.
B. Other admissibility requirements
81. Having declared the Application inadmissible for non-exhaustion of local
remedies as regards both the adultery case and the complaint against the
two officials who signed the forensic report, the Court will examine other
admissibility requirements only in respect of the divorce case and the
constitutionality of Article 236 of the Penal Code.
82. The Court notes that other admissibility requirements under Article 56(1),
(2), (3), (4), (6) and (7) of the Charter as restated in Rule 50(2)(a), (b), (c),
(d), (f), (g) of the Rules are not in contention by the parties. Nonetheless,
the Court must ensure that all admissibility requirements are met.15
83. The Court notes from the record that the requirement under Rule 50(2)(a)
of the Rules is met, insofar as the Applicant has revealed her identity to the
Court.
84. The Court also notes that the Applicant’s Application seeks to protect her
rights guaranteed by the Charter. The Court further notes that one of the
objectives of the Constitutive Act of the African Union, as set out in Article
3(h) thereof, is the promotion and protection of human and peoples’ rights.
The Court therefore finds that the Application complies with the Constitutive
Act of the African Union and the Charter, so that it meets the requirement
under Rule 50(2)(b) of the Rules.
15 Kennedy Owino Onyachi and Charles John Mwanini v. United Republic of Tanzania
September 2017) 2 AfCLR 65, § 56.
23
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