vi.
Alleged undue delay of the decision on the review application
85.The
Applicant
decision
09
alleges
... regarding
January
20137
that “the Court
of Appeal
(his) Application which
although
constitutional
...delayed
to review
its
(he) made to the court since
and
appellate jurisdiction
Act
allow (him) to do so.”
RR
86. The Respondent State submits that Rule 66(2) to (6) of the Court of Appeal
Rules sets conditions for the review of its judgment, one of them being the
filing of the motion of appeal within six (6) months after the decision sought
to be reviewed. The Respondent State alleges that in accordance with the
Applicant’s
March
submissions,
2014”,
that
the
notice of motion
is, sixteen
(16)
months
for review was
after the
Court
filed on 21
of Appeal’s
judgment was delivered on 26 July 2013. The Respondent State maintains
that the Applicant
did not submit
a copy
of the said notice of motion
of
review.
87. The Respondent State further submits that the Applicant ought to have filed
a constitutional
petition
before
the
High
Court
to seek
remedies
for the
alleged violations of his rights.
eK
88.The
Court notes
that there are two
issues arising for determination.
One
concerns the delay by the Court of Appeal to decide on the application for
review allegedly filed by the Applicant, and the other is on the filing of a
constitutional petition regarding the alleged violation of the Applicant's rights
which the Respondent State claims the Applicant ought to have filed.
89.Concerning
the constitutional
petition, the Court is of the view that this
question was examined under the admissibility of the Application and it was
deemed
to
be
immaterial
to the
requirement
22 The Applicant mistakenly indicated 9 January 2019.
3 The correct date alleged by the Applicant is 9 January 2013.
23
of compliance
with
the