nature. The Commission has also maintained that such a remedy must not be subordinated to the discretionary power of public authorities;12 thereby affirming that only mandatory local remedies are required to be exhausted. 54. In the present Communication, the Respondent State argues that the Kenyan Court of Appeal was not approached to review its decision on the Victim’s case. The Respondent State cites authorities wherein the Kenyan Court of Appeal has affirmed its inherent power to review its own decision under exceptional circumstances.13 The Complainants equally cite authorities where the same court has stated that its residual powers to reopen an appeal are highly limited and is only reserved for exceptional circumstances.14 From the arguments of both parties, it is clear that the Court of Appeal is not under any legal obligation to review its own decisions. It is therefore apparent that the power of the court to review its own decisions is purely discretionary and not mandatory and such review cannot as such be considered an available local remedy. 55. The Respondent State also argues that the Victim failed to submit an application to the High Court in terms of Section 84 of the Constitution in order to enforce her fundamental rights. The African Commission agrees with the Complainants that the Victim was not required to take this step in order to meet the requirement of Article 56(5). It is an established principle in human rights law that when a remedy has been attempted, use of another remedy which has essentially the same objective is not Communication 48/90 - Amnesty International v Sudan, 50/91 Comité Loosli Bachelard v Sudan, 52/91 Lawyers Committee for Human Rights v Sudan, 89/93 Association of Members of the Episcopal Conference of East Africa v Sudan (1999), para 31 13 See no 2 above 14 See no 5 above. 12 15