judicial system.21 It also follows that there was no remedy for the Applicants
to exhaust given that they had no room in the sentencing process to raise
their mental illness as a mitigating factor. As a consequence, this Court finds
that local remedies have been exhausted in the present Application in
respect of the two issues being considered.
57. Regarding the filing of a constitutional petition before the Respondent
State’s High Court, as provided for under Article 13 of the Respondent
State’s Constitution, the Court has consistently held that this remedy in the
Tanzanian judicial system is an extraordinary remedy that the Applicants
are not required to exhaust prior to seizing this Court.22
58. Consequently, the Court finds that local remedies were exhausted in the
present Application as envisaged under Article 56(5) of the Charter and
Rule 50(2)(e) of the Rules and therefore, dismisses the Respondent State’s
objection.
B. Other conditions of admissibility
59. The Court notes that there is no contention regarding compliance with the
conditions set out in Rule 50(2)(a), (b), (c), (d) and (g) of the Rules. Even
so, it must satisfy itself that these conditions are met.
60. From the records on file, the Court notes that the Applicants have clearly
been identified by name, in fulfilment of Rule 50(2)(a) of the Rules.
61. The Court notes that the claims made by the Applicants seek to protect their
rights guaranteed under the Charter. It further notes that one of the
objectives of the Constitutive Act of the African Union as stated in Article
21
Alex Thomas v. United Republic of Tanzania (merits) (2015) 1 AfCLR 465, §§ 60-65; Shukrani
Masegenya Mango and Others v. United Republic of Tanzania (merits and reparations) (2019) 3 AfCLR
439, § 56; Onyachi and Njoka v. United Republic of Tanzania (merits) (2017) 2 AfCLR 65, § 54.
22 Thomas v. Tanzania, ibid, §§ 60-62; Mohamed Abubakari v. United Republic of Tanzania (merits) (3
June 2016) 1 AfCLR 599, §§ 66-70; Christopher Jonas v. United Republic of Tanzania (merits) (28
September 2017) 2 AfCLR 101, § 44.
18