reasonable time. The Court will consider each of these objections before
examining other conditions of admissibility, if necessary.
i.
Objection based on non-exhaustion of domestic remedies
35. The Respondent State contends that the Applicants did not exhaust
domestic remedies before filing their Application. According to the
Respondent State, since the Applicants are alleging a violation of their
rights, they could have instituted a constitutional petition before its High
Court to seek redress using the mechanism under its Basic Rights and
Duties Enforcement Act. Specifically in connection to the Applicants’
allegations of a violation of the right to bail and legal aid, the Respondent
State argues that the Applicants could have raised these alleged violations
as grounds of appeal before its domestic courts. It thus submits that the
Applicants’ failure to exhaust domestic remedies entails that they “… have
not afforded the Respondent an opportunity to redress the alleged wrong
within the framework of its domestic legal system before it is dealt with at
the International level.”
*
36. The Applicants submit that they exhausted domestic remedies before filing
this Application. In support of their submission, they point out that after their
conviction and sentence they lodged an appeal with the Court of Appeal
which was dismissed. They also point out that, after the Court of Appeal’s
decision, they filed an application for review which is still pending.
***
37. The Court notes that pursuant to Rule 50(2)(e) of the Rules, any application
filed before it must fulfil the requirement of exhaustion of local remedies
unless local remedies are unavailable, ineffective, or the domestic
procedure to pursue them is unduly prolonged.14 This requirement seeks to
14
Alex Thomas v. United Republic of Tanzania (merits), (20 November 2015) 1 AfCLR 465 § 64;
Kennedy Owino Onyachi and Charles Mwanini Njoka v. United Republic of Tanzania (merits) (28
10