thirty (30) Joint Communications
481-484/14, 486-488/14, 490-498/14,
504/14,513/15,523/15,525/15,526/15,528/15,530/15
- 533/15, 536/15538/15,570/15:
Peter Odiwuor Ngoge v Republic of Kenya, which were
declared inadmissible for failure to satisfy the requirements of Article 56 (3)
on the use of disparaging and insulting language, Article 56 (5) on
exhaustion of local remedies, and Article 56 (6) on submission within a
reasonable time from the exhaustion of local remedies.
26.
The Commission also joint seven (7) Communications: 438/12 - 519/15 _
534/15,458/13,
509/15, 514/15, 517/15, 520/15, 522/15 - Peter Odiwuor
Ngoge v Republic of Kenya based on same Admissibility submissions
which were also declared inadmissible for not meeting requirements under
Articles 56 (3), 56 (5), and 56 (6).
27.
A consideration of the Admissibility of the present Communications was
deferred from the 58th to the 73rd Ordinary Session of the Commission.
The Law on Admissibility
Complainant's
Submission
on Admissibility
28.
The Complainant submits that the conditions for Admissibility of the
Communications,
under Article 56 of the African Charter have been
satisfied. The Complainant
does not make submissions
on the
Communications compliance with Articles 56(1) (2) (3) (4) (6) and (7) of the
African Charter.
29.
The Complainant's arguments are mainly centered on Article 56(5) of the
African Charter, in which he submits that he is unable to exhaust local
remedies as they are unavailable, ineffective, and insufficient. He refers to
[auiara v Gambia, in which the Commission elaborated on the
aforementioned elements by holding that a remedy is considered available if
the petitioner can pursue it without impediment, it is deemed effective if it offers a
prospect of success, and it is found sufficient if it is capable of redressing the
II
complaint.
II
2.