Wakilii

Ngoge v Republic of Kenya ; Ngoge and Another v Republic of Kenya (Communication 485-14; Communication 535-15)

African Commission on Human and Peoples' Rights · Ngoge v Republic of Kenya ; Ngoge and Another v Republic of Kenya (Communication 485-14; Communication 535-15) [2023] ACHPR 7 (7 March 2023) · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Joint communications before the African Commission on Human and Peoples' Rights alleging systematic discrimination and denial of access to justice by the Respondent State
Decision
Communications declared inadmissible

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission declared the joint communications inadmissible for failure to comply with Articles 56(3), 56(5), and 56(6) of the African Charter. The Commission found that the Complainant used disparaging language against the State and its judiciary, failed to exhaust local remedies, and submitted the communications prematurely. The Commission held that general allegations of judicial corruption and lack of independence do not relieve complainants of the obligation to exhaust judicial remedies, and that the Vetting Board's findings did not render domestic remedies unavailable or ineffective.

Outcome

Communications declared inadmissible

Facts

Peter Odiwuor Ngoge, a Kenyan advocate, submitted two communications (485/14 and 535/15) to the African Commission alleging systematic discrimination and denial of access to justice by the Republic of Kenya. Ngoge claimed that the Kenyan judiciary and other state institutions discriminated against him in retaliation for allegedly exposing wrongdoing during 2003 National Assembly Speaker elections. In Communication 485/14, Ngoge alleged that a judge blocked execution proceedings by imposing impossible conditions. In Communication 535/15, filed on behalf of himself and client Joseph Njau, Ngoge alleged that a judge improperly dismissed Njau's land suit without hearing the merits. Ngoge argued that local remedies were unavailable and ineffective due to judicial corruption and breakdown of trust, citing findings by the Vetting of Judges and Magistrates Board. The Commission joined the two communications for joint consideration on admissibility.

Issues

  1. Whether the communications satisfy the admissibility requirements under Article 56 of the African Charter on Human and Peoples' Rights.
  2. Whether the language used by the Complainant constitutes disparaging or insulting language under Article 56(3).
  3. Whether local remedies have been exhausted or are unavailable, ineffective, or unduly prolonged under Article 56(5).
  4. Whether the communications were submitted within a reasonable time under Article 56(6).

Orders

  • Communication declared inadmissible for failure to comply with Article 56(3), (5) and (6) of the African Charter.
  • Parties to be notified of the decision in accordance with Rule 107(3) of the Rules of Procedure 2010.

Rules and key headnotes

Admissibility — Disparaging Language — Article 56(3) African Charter
Language used in a communication is considered disparaging or insulting under Article 56(3) of the African Charter when it makes ad hominem attacks against the State or its institutions that exceed the bounds of normal criticism, even where allegations of corruption necessarily reflect negatively on the institution in question.
Admissibility — Exhaustion of Local Remedies — Article 56(5) African Charter
General allegations of judicial corruption and lack of independence do not relieve a complainant of the obligation to exhaust local remedies under Article 56(5) of the African Charter; a complainant must demonstrate that they attempted to pursue available judicial remedies to their logical conclusion.
Admissibility — Exhaustion of Local Remedies — Complaints to Non-Judicial Bodies
Submissions to non-judicial institutions such as the Judicial Service Commission, Office of the Chief Justice, or Law Society do not constitute exhaustion of local remedies within the meaning of Article 56(5) of the African Charter, as local remedies refer to ordinary remedies of common law accessible through courts of a judicial nature.
Admissibility — Reasonable Time — Article 56(6) African Charter
Where a complainant has failed to exhaust domestic remedies and has not demonstrated that such remedies are unavailable or ineffective, a communication will be considered as not having satisfied Article 56(6) of the African Charter for having been submitted prematurely.

Legislation cited (24)

  • African Charter on Human and Peoples' Rights Article 2
  • African Charter on Human and Peoples' Rights Article 3
  • African Charter on Human and Peoples' Rights Article 4
  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 8
  • African Charter on Human and Peoples' Rights Article 13
  • African Charter on Human and Peoples' Rights Article 14
  • African Charter on Human and Peoples' Rights Article 15
  • African Charter on Human and Peoples' Rights Article 16
  • African Charter on Human and Peoples' Rights Article 17
  • African Charter on Human and Peoples' Rights Article 18
  • African Charter on Human and Peoples' Rights Article 19
  • African Charter on Human and Peoples' Rights Article 22
  • African Charter on Human and Peoples' Rights Article 24
  • African Charter on Human and Peoples' Rights Article 56(1)
  • African Charter on Human and Peoples' Rights Article 56(2)
  • African Charter on Human and Peoples' Rights Article 56(3)
  • African Charter on Human and Peoples' Rights Article 56(4)
  • African Charter on Human and Peoples' Rights Article 56(5)
  • African Charter on Human and Peoples' Rights Article 56(6)
  • African Charter on Human and Peoples' Rights Article 56(7)
  • Constitution of Kenya 2010
  • Vetting of Judges and Magistrates Act (Act No.2 2011)

Cases cited (14)

  • Jauiara v Gambia
  • Social and Economic Rights Action Center v Federal Republic of Nigeria (Communication 155/96)
  • Institute for Human Rights and Development in Africa v Republic of Angola (Communication 292/04)
  • Ilesanmi v Nigeria
  • Ligue Camerounaise des Droits de l'Homme v Cameroon
  • Zimbabwe Lawyers for Human Rights v Zimbabwe (Communication 293/04)
  • Eyob B. Asemie v Kingdom of Lesotho (Communication 435/12)
  • Apinis v Latvia (App 46549/06) [2011] ECHR
  • Association Mauritanienne des droits de l'Homme v Mauritania (Communication 242/01)
  • Alfred B. Cudjoe v Ghana (Communication 221/98)
  • Anuak Justice Council v Ethiopia (Communication 299/05)
  • Nixon Nyikadzino v Zimbabwe
  • Judges & Magistrates Vetting Board v Centre for Human Rights & Democracy (Petition No.13A, 14, 15 of 2013)
  • Givemore Chari v Republic of Zimbabwe (Communication 351/07)

Full judgment

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Ngoge v Republic of Kenya ; Ngoge and Another v Republic of Kenya (Communication 485-14; Communication 535-15) [2023] ACHPR 7 (7 March 2023)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.