before it provided that the rights of which a violation is alleged are guaranteed in the Charter, the Protocol or any other human rights instruments ratified by the Respondent State.4 19. In the instant case, the Applicant alleges the violation of the right to nondiscrimination and the right to life which are protected under the Charter, to which the Respondent State is a party. The Court thus finds that, in considering these allegations, it will be discharging its mandate to interpret and apply the Charter and other human rights instruments ratified by the Respondent State. 20. As regards the contention that the Court would be exercising appellate jurisdiction by examining certain claims which were already determined by the Respondent State’s domestic courts, the Court reiterates its position that it does not exercise appellate jurisdiction with respect to the decisions of domestic courts.5 However, even though, it is not an appellate court visà-vis domestic courts, it retains the power to assess the propriety of domestic proceedings against standards set out in international human rights instruments ratified by the State concerned.6 21. In view of the foregoing, the Court dismisses the Respondent State’s objection and holds that it has material jurisdiction to hear the Application. 4 Alex Thomas v. United Republic of Tanzania (merits) (20 November 2015) 1 AfCLR 465, § 45; Kennedy Owino Onyachi and Charles John Mwanini Njoka v. United Republic of Tanzania (merits) (28 September 2017) 2 AfCLR 65, §§ 34-36; Jibu Amir alias Mussa and Said Ally Mangaya v. United Republic of Tanzania (merits and reparations) (28 November 2019) 3 AfCLR 629, § 18; Abdallah Sospeter Mabomba v. United Republic of Tanzania, ACtHPR, Application No. 017/2017, Judgment of 22 September 2022, § 21. 5 Ernest Francis Mtingwi v. Republic of Malawi (jurisdiction) (15 March 2013) 1 AfCLR 190, § 14; Kennedy Ivan v. United Republic of Tanzania (merits) (28 September 2017) 2 AfCLR 65, § 26; Nguza Viking (Babu Seya) and Johnson Nguza (Papi Kocha) v. United Republic of Tanzania (merits) (23 March 2018) 2 AfCLR 287, § 35 6 Armand Guehi v. United Republic of Tanzania (merits and reparations) (7 December 2018) 2 AfCLR 477, § 33; Werema Wangoko Werema and Waisiri Wangoko Werema v. United Republic of Tanzania (merits) (7 December 2018) 2 AfCLR 520, § 29 and Thomas v. Tanzania (merits) supra, § 130. 6

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