Kenya Human Rights Commission v Kenya (Communication 135 of 1994)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The African Commission declared the communication inadmissible under Article 56(5) of the African Charter because the complainant had not exhausted local remedies. Court proceedings challenging the Registrar's refusal to register the Universities Academic Staff Union remained pending in Kenya at the time the Commission considered the matter.

Outcome

Communication declared inadmissible for failure to exhaust local remedies

Facts

University academic staff from four public universities in Kenya formed the Universities Academic Staff Union (UASU) and applied for registration on 25 May 1992. The Registrar of Trade Unions did not respond for over a year. In November 1993, UASU issued a strike notice. On 24 November 1993, the Registrar refused registration on grounds that the union would be used for unlawful purposes. UASU went on strike on 29 November 1993 and initiated court proceedings on 23 December 1993 challenging the refusal. President Moi publicly stated on multiple occasions that the government would never register UASU despite the pending court case. UASU officials were arrested and harassed. The communication was filed with the African Commission while domestic court proceedings remained pending.

Issues

1. Whether the communication should be declared admissible where local remedies have not been exhausted and court proceedings remain pending.

Orders

• Communication declared inadmissible without making any judgement as to the merits.

Rules and key headnotes

Legislation cited (1)

• African Charter on Human and Peoples' Rights Article 56

The original judgment as reported. Read the original PDF before relying on any passage.