5. The Complainant alleges that on 16th January 2009, Justice Nyamu dismissed the Chamber Summons dated 9th January 2009, on the basis of misrepresented facts arising from the Respondent State's preliminary objections, without delving into the merits of the Chamber Summons as required by law. 6. The Complainant states that the dismissal of the Chamber Summons provoked the lodgment of Civil Appeal No. 37 of 2009 in the Court of Appeal which to date has not been listed for hearing by the Court of Appeal in what amounts to be delaying tactics employed by the Respondent State to unduly prolong exhaustion of local remedies. 7. The Complainant avers that on 28th June 2010, Justice Wendoh dismissed the Constitutional Petition dated 9th January 2009 without looking into the constitutional and human rights issues which provoked Ms. Ekea to move the case to the Human Rights Division of the High Court. He adds that the dismissal of the Constitutional Petition without inquiring into its merits disregarded the ruling of Justice Nyamu dated 16th January 2009, which states that the Constitution Petition could be heard on merits. 8. The Complainant further submits that despite lodging a notice of appeal, and requesting the Registrar of the High Court to supply certified cOBi~,sof proceedings to enable him lodge record of appeal in the Court of Appeal.to challehge,the ruling by Justice Wendoh dismissing the Constitutional Petition, the Registrar has, as of the date of submission of this Complaint, refused to supply the requested documents, making it difficult to lodge the appeal. 9. The Complainant alleges that the dismissal of the Chamber Summons and the Constitutional Petition without looking into the merits, violated the African Charter and the Constitution, and deliberately disregarded a decision of the Court of Appeal - Civil Appeal No. 110 of 2001 - Rashid Odhiambo, Aloggoh & 245 Others v. Haco Industries Limited. The said decision held that the availability of other lawful causes of action is no bar to a party who alleges a contravention of his rights under the Constitution. 10. The Complainant also alleges that by dismissing the Chamber Summons and the Constitutional Petitioh, Justice Nyamu and Justice Wendoh discriminated against Ms. Ekea and subjected her to selective application of the rule of law, denied her access to justice, unlawfully shielded and insulated the Respondent State from being held accountable for serious allegations of human rights violations. He adds that the Respondent State's actions are meant to deliberately cripple his legal practice in violation of the African Charter and other international human rights instruments.