constitutional references or applications in which he pleaded a carbon copy of
substantive issues pleaded in the present Communication. He states that in
moving the courts in Miscellaneous Civil Application No. 22 of 2004, Civil Appeal
No. 266 of 2008, Court of Appeal Civil Application No. NAI 261 of 2007, and Supreme
Court Petition of Appeal No 2 of 2012 among others, he pleaded violations of
provisions of the con,stitution including relating to his fundamental rights under
the then Constitution of the Respondent State. He produces to the Commission
various rulings relating to Miscellaneous Civil Application No. 22 of 2004, and a
decision in High Court Petition 584 of 2006. He states that despite lodging a notice
of appeal in Court of Appeal Petition 584 of 2006, the High Court has to-date
deliberately refused to supply certified copies of proceedings to enable him to
lodge a record of appeal to the Court of Appeal. Accordingly, he submits that
the Respondent State's submission that he did not lodge a constitutional
reference or petition is unsustainable.
40.
The Complainant reiterates his submissions that (a) local remedies are not
available to him because of serious Breakdown ~£trust ahd professional etiquette
between him and the judiciary;, and (b) ·domestis/procedures have been unduly
prolonged. He prays that the Communication should be declared admissible.
The Commission's analysis on admissibility
41.
A Communication submitted to the Commission under Article 55 of the Charter
must satisfy the seven admissibility conditions stipulated under Article 56 of the
Charter. It is well established that the conditions under Article 56 of the Charter
are cumulative and must all be satisfied for a Communication to be declared
admissible. Consequently, if one of the conditions is not met, the
Communication will be declared inadmissible entirely or in the respects that it
does not satisfy a given condition or condition(s). The Complainant must
accordingly address all the admissibility requirements, and the Respondent State
must address the requirements, as necessary. Where this is not the case, the
Commission still examines the admissibility of a Communication in respect of
each condition based on the available information. 4
42.
The Commission notes that in the present Communication both parties have
advanced submissions on exhaustion of local remedies only. Nevertheless, the
Commission has examined the Communication in respect of the rest of the