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ACH PR
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
DECISION OF THE AFRICAN COMMISSION ON HUMAN AND
PEOPLES' RIGHTS ON ADMISSIBILITY
Communication 668/17 - Peter Odiwuor Ngoge
Republic of Kenya
v. the
Summary of the Complaint:
1. The Secretariat of the African Commission on Human and Peoples' Rights (the
Secretariat) received a complaint on 23 October 2017 from Peter Odiwuor
Ngoge, trading as O.P Ngoge & Associates Advocates (the Complainant).
2. The Complaint is submitted against the Republic of Kenya (Respondent State),
a State Party to the African Charter on Human and Peoples' Rights (the African
Charter). 1
3. The Complainant, an Advocate of the High Court of Kenya, asserts that in 2006,
Mr. Wilson Mwangi Muiruri, the Senior Deputy Registrar of the High Court of
Nairobi and Chief Magistrate, intentionally declined to assess the itemized Bill
of Costs for the legal services provided to his clients. This refusal resulted in
the Complainant 1 s inability to recover his legal fees, thereby infringing upon
his socio-economic, civil, and political rights.
4. Additionally, the Complainant alleges that the Senior Deputy Registrar
deliberately refused to assess his Bill of Costs as a means to subject him to
psychological and mental torment. This alleged mistreatment stems from the
Complainant's previous exposure to official misconduct by the Respondent
State, as outlined in Communications 432 and 437 of 2012.
5. The Complainant asserts that he took formal steps to address the issue by filing
a complaint with the Chairman of the Judicial Service Commission (JSC) and
urging intervention. However, he claims that instead of addressing his
concerns, Hon. Muiruri, in his capacity as Senior Deputy Registrar of the High
Court of Nairobi and Chief Magistrate, instructed a law firm to initiate a
defamation lawsuit against him, known as Civil Suit No. 813 of 2007. The
1 The Republic of Kenya ratified the African Charter on 23 January 1992 and deposited
of ratification on 10 February 1992.
1
African Commis
31 Bijilo A
Phone: (2
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