required.15 The Kenyan Court of Appeal was very well in a position to
protect the right that the Victim would have sought to be protected
through a fundamental rights application to the High Court. The remedy
was thus exceptional and the victim cannot be required to have engaged
in forum shopping in order to meet the requirement of article 56(5).
56. Regarding Respondent State’s argument that the Victim could have
submitted a complaint to the Kenyan Human Rights Commission or the
Public Complaints Standing Committee, the jurisprudence of the African
Commission is clear on the issue. As stated in paragraph 48 above, the
remedy to which Article 56(5) refers entails a remedy sought from courts
of a judicial nature. The Kenyan Human Rights Commission and the
Public Complaints Standing Committee are quasi-judicial bodies which
the African Commission has held in Cudjoe v Ghana16 to not constitute
judicial remedies. It follows that the Victim was not required to approach
this body in order to meet the exhaustion requirement under the African
Charter.
57. It is evident from all the above that all remedies that fall within the realm
of ‘local remedies’ in the African Charter have been duly exhausted and
the African Commission holds that the requirement of Article 56(5) has
been adhered to.
58. According to Article 56(6), Communications shall be considered if they are
submitted within a ‘reasonable period from the time local remedies are
exhausted or from the date the Commission is seized with the matter’. The
present Communication was received at the Secretariat of the African
See decision of the European Court of Human rights in Wójcik v. Poland, App.
no. 26757/95
16 See no 9 above.
15
16