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African Commission on
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Human ancl Peoples· l'{ights
Collective F�esponsibilitv
obstruction claim and how it hindered him from pursuing the available local
remedies.
56. In reference to the ruling of the Vetting Board, the Commission recalls its
previous decision in the cases of Peter Odiwuor Ngoge v Republic ofKenya and
Peter Odiwuor Ngoge and Joseph Njau v Republic of Kenya.7 In these
Communications, the Commission determined that the Supreme Court's
decision concerning the Vetting Board does not preclude the Complainant from
pursuing domestic cases in local courts. The Commission emphasized that the
findings of the Vetting Board and the Complainant's domestic cases are distinct
from each other.
57. Hence, consistent with its established jurisprudence, the Commission affirms
that the contention regarding the obstruction of justice and the decision of the
Vetting Board does not exempt the Complainant from the requirement to
exhaust domestic remedies.
58. The Complainant also asserts that the local remedies were unreasonably
prolonged, as supported by the High Court's Certificate of Delay, which
hindered the exhaustion of domestic remedies.
59. According to Article 56(5) of the African Charter, while there are exceptions to
the exhaustion requirement, such as when domestic remedies are inaccessible,
ineffective, or unduly prolonged, the general rule remains that complainants
should make a genuine effort to exhaust local remedies before seeking
international recourse. This approach encourages individuals to engage with
domestic mechanisms, fostering dialogue and facilitating the resolution of
human rights issues within their countries.
60. Although the Commission lacks standardized criteria for determining undue
prolongation, it evaluates each case individually. The Commission has also
relied on the common law principle of "reasonable person's standard," which
serves as a benchmark to assess whether the duration of a delay in resolving a
legal matter is reasonable from an objective standpoint. It consi
factors and circumstances surrounding the delay, including the
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7 Communications 485/14 -Peter Odiwuor Ngoge v Republic of Kenya and 535/1 5 - Peter Odiwuor Ngoge an
v Republic of Kenya, paras 67 and 68
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12
African Commission on Human and Peoples' Rights
31 Bijilo Annex Layout, Kombo North District,
West Coast Region, The Gambia
Phone: (220) 230 4361 Fax: (220) 441 OS 04
Email: au-banjul@africa-union.org