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

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