Commission on the 22 September 2009 and was dated 10 September 2009.
From the parties’ submissions, local remedies were exhausted in February
2007 when the Kenyan Court of Appeal handed down its judgment. This
gives an interval of thirty one (31) months between the date local remedies
were exhausted and the submission of the Communication to the African
Commission. The question that therefore falls for determination is
whether a period of thirty one months can be considered reasonable in the
circumstances of the case.
59. Unlike in the other regional human rights instruments, notably the
American Convention on Human Rights and the European Convention
for the Protection of Human Rights and Fundamental Freedoms which all
consider the period of six months17, as a reasonable period within which
Complaints must be submitted after the exhaustion of local remedies, the
African Charter has no such period. The African Commission by virtue of
its mandate under Article 45 of the Charter therefore interprets this
provision on a case by case basis taking cognizance of its duty to promote
and protect human rights as laid down in the Charter.
60. The African Charter empowers the African Commission to, in interpreting
the provisions of the Charter, draw inspiration from various sources of
law including legal precedents, doctrine, customs and practices consistent
with international norms on human rights.18 Accordingly, the African
Commission in interpreting the provision of Article 56 (6) in Michael
Mujuru v Zimbabwe19 stated as follows:
See articles 56 (1) b & 36(1) respectively of the American Convention on Human Rights
and the European Convention for the Protection of Human Rights and Fundamental
Rights and Freedoms.
18 See articles 60 & 61 of the African Charter.
19 Communication 308/05(2008) 25th Activity Report, ACHPR. Para 109. The Commission
declared this Communication inadmissible on account of the fact that it was submitted 22
17
17