000tE0
43.
ln his Reply, the Applicant asserts that his Application has been filed after
exhaustion of local remedies, that is, after the dismissal of his appeal by the Court of
Appeal of Tanzania, the highest court in the Respondent State.
44.
The Court notes that an application filed before it shall always comply with the
requirement of exhaustion of available local remedies, unless it is demonstrated that
the remedies are ineffective, insufficient, or the domestic procedures to pursue them
are unduly prolonged.s ln the Mafter of African commission on Human and peoptes'
Righfs v. Republic of Kenya, the Court observed that the rute of exhaustion of
domestic remedies "maintains and reinforces the primacy of the domestic system in
the protection of human rights vis-d-vis the Court".6 lt follows that in principle, the
Court does not have a first instance jurisdiction over a matter which was not raised at
the domestic level.
45.
ln its established jurisprudence, the Court has also consistenly hetd that an
Applicant is only required to exhaust ordinary judicial remedies.T
46.
Concerning the filing of the constitutional petition on the alleged viotation of
the Applicant's rights, in the Matter of Alex Thomas v. lJnited Republic of ranzania,
this court has held that this remedy in the Tanzanian judiciat system is
an
extraordinary remedy which the Applicant was not required to exhaust prior to filing
his Application before it.8
47.
with regard to the application for review of the court of Appeal,s judgment,
this Court similarly held in the above-mentioned case that, in the Tanzanian judicial
s
Application. No 004/2013. Judgment on Merits, sl1zt2o14, Loh6 /ssa Konat| v. Burkina Faso, pata
77 (hereinafter referred to as, Lohd lssa Konatl v. Burkina Faso Judgment), see also Peter Chacha
IU dgment, para. 40
Application No. 006/2012. Judgment on Merits, 26tOSt2O17 African Commission on Human and
Peoples' Rrghfs rz. Republic of Kenya, para. g3 (hereinafter referred lo as, "African Commission on
Human and Peoples' Rights v. Republic of Kenya")
7
Alex Thomas Judgment, para. 64. See also Application No. 006/2013
of
18103t2016 , Wilfred Onyango Nganyi and 9 Others v. United Repubtic
I
Alex Thomas Judgment, para 65
t2
s ment
on
merits