00014 5
the three co-accused persons, including the two Applicants, committed the
crimes in concert and deserved the same sentence.
35.Consequently, the Court is of the view that, despite the fact that the first
Applicant did not appeal to the Court of Appeal, his matter was addressed
by the Court of Appeal, albeit incidentally, and any appeal he could have
filed would have been unlikely to result in a different outcome.
36.1n this regard, the Court recalls its position in African Commission on Human
and Peoples'Rtglhfs v Kenya, where it held that for purpose of ascertaining
exhaustion
of local remedies, the most pertinent issue that should be
considered is whether a State against which an application is filed, has been
accorded the opportunity to rectify alleged human rights violations prior to
the filing of an application before the Court.s
37.
Accordingly, the Court dismisses the Respondent State's objection that the
Applicants did not exhaust local remedies.
B. Objection based on failure to file the Application within a reasonable
time
38.The Respondent State argues that the Apptication was not filed within a
reasonable time after local remedies were exhausted because the first
Applicant's case at the High Court was concluded on 19 May 2003 and the
second Applicant's case in the Court of Appeal was concluded on 27
February 2006.
8
Application No. 006/2012. Judgment 2610512017 (Merits). Afican Commission on Human and Peoples'
Rights v Republic of Kenya , S 94
t2
Y
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