96. Given the Applicants' situation, compounded by the delay in providing them with
Court records and the absence of legal counsel at the later stage of the proceedings,
this Court holds that the Respondent's objection relating to non-exhaustion of local
remedies is unfounded, and hereby dismisses the same.
iv.
97.
Filing of the Application within a reasonable time
In its Response to the Application, the Respondent submits that the requirement of
reasonableness of time has not been met, as the Applicants have not exhausted all
available local remedies as per Rule 40 (5) of the Rules. Therefore, accordin9 to the
Respondent, it cannot be said that the Application has been filed within a reasonable
time from when local remedies were exhausted, as local remedies are yet to be
exhausted.
98. The Respondent avers that In the alternative and without prejudice to what has been
stated above, should the Court find that local remedies have been exhausted, it is
its contention that the Application has not been filed within a reasonable time from
when the local remedies were exhausted. It avers further that although Rule 40 (6)
of the Rules does not prescribe, define or quantify a period of reasonable time, there
are developments in International human rights jurisprudence, which have
established a period of six (6) months as reasonable time. The Respondent adds
that being in remand prison is not a bar for the Applicants to access the Court, as
they in fact have been able to do so, and indeed the Applicants have let a reasonable
time elapse from the time they felt aggrieved in 2006 and from the time the decision
was delivered in the Court of Appeal , in Criminal Appeal 353 of 2008, to the time
they brought the Application before this Court.
99. The Respondent concludes on this point that the Application should be declared
inadmissible because of the unreasonable time that has lapsed, in accordance with
the provision of Rule 40 (6) of the Rules. The Respondent refers to the African
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