REFERENCE NO. 12 OF 2022 PETER ODIWUOR NGOGE T/A O.P. NGONGE AND ASSOCIATES ADVOCATES v. THE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA

The Applicant contends that the African Commission on Human and Peoples Rights having correctly observed and found that a delay of three years to determine local judicial remedies is inordinate enough and might constitute a ground for admitting Communications for hearing on merits before it, in equal measure the inordinate delay of about ten years to hear and determine the Applicants Communication No. 432 of 2012 and to publish the same amounts to deprivation of access to human rights justice under the African Charter on Human & Peoples Rights (which was transformed into internal laws of Kenya under Article 2(6) of the Constitution of Kenya 2010) and therefore in contravention of Articles 6(d) and 7(2) of the Treaty for the Establishment of the East African Community.