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Njoka v Kenya (Communication 142 of 1994) [1995] ACHPR 9 (22 March 1995)
- Citation
- [1995] ACHPR 9
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Human Rights Communication / Admissibility Decision
- Case number
- Communication 142 of 1994
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Human Rights Communication / Admissibility Decision
- Case number
- Communication 142 of 1994
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Commission found the communication inadmissible because the alleged violations occurred before Kenya became a party to the African Charter on Human and Peoples' Rights, and there was no evidence of a continuing breach after ratification. Additionally, the communication was found to be incoherent and vague, lacking the specificity required for admissibility. The Commission emphasized that it cannot consider complaints regarding acts that occurred prior to a state's ratification of the Charter unless there is a continuing violation, which was not established in this case. The applicant's submissions were also found to lack clarity and coherence, further justifying inadmissibility.
Court disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible.
02
Material facts
Parties
Muthuthurin Njoka
ApplicantKenya
RespondentAmounts and remedies
- Claimed Damages Against Kenya: KES 7,500,000,000
- Claimed Damages for Wrongful Legislation: GBP 12,500,000,000
03
Procedural history
Posture
Human Rights Communication / Admissibility Decision
04
Questions and positions
Legal issues
- 01
Whether the communication is admissible given Kenya was not a party to the African Charter at the time of the alleged violations.
- 02
Whether the complaint demonstrates a continuing violation under the Charter.
- 03
Whether the communication is sufficiently coherent and specific to warrant consideration.
Party arguments
- Applicant
- The applicant alleges illegal admission to a mental hospital under duress, wrongful detention and torture, wrongful imprisonment and harassment of family members, and confiscation of property, all under colonial-era statutes. He claims violations of Articles 5, 6, 7, and 21 of the African Charter and seeks redress for himself and his family.
- Respondent
- Kenya did not formally respond, but the Commission noted that Kenya was not a party to the African Charter at the time of the alleged violations, and there was no evidence of continuing damage or breach after ratification. The communication was also found to be incoherent and vague.
05
Court’s reasoning
Legal principles
- 01
African Charter on Human and Peoples' Rights, general principles of treaty law
A state cannot be held responsible under the African Charter for acts committed before it became a party to the Charter, unless there is evidence of a continuing violation.
- 02
African Commission on Human and Peoples' Rights, admissibility requirements
Communications must be sufficiently coherent and specific to be admissible before the Commission.
06
Ratio, limits and disposition
Ratio decidendi
The Commission found the communication inadmissible because the alleged violations occurred before Kenya became a party to the African Charter on Human and Peoples' Rights, and there was no evidence of a continuing breach after ratification. Additionally, the communication was found to be incoherent and vague, lacking the specificity required for admissibility. The Commission emphasized that it cannot consider complaints regarding acts that occurred prior to a state's ratification of the Charter unless there is a continuing violation, which was not established in this case. The applicant's submissions were also found to lack clarity and coherence, further justifying inadmissibility.
Obiter and limits
- The Commission noted the importance of clarity and specificity in communications submitted for consideration.
- The Commission reiterated that its jurisdiction is limited to acts occurring after a state's ratification of the Charter, except in cases of continuing violations.
Court disposition
communication declared inadmissible
- The communication is declared inadmissible.
Source and reliance status
African Commission on Human and Peoples Rights
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
African Commission on Human and Peoples Rights
Judgment
AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
MUTHUTHURIN NJOKA
v. KENYA
DECISION
Citation: Njoka v. Kenya, Comm. 142/94, 8th ACHPR AAR Annex VI (1994-1995) Publications: IHRDA, Compilation of Decisions on Communications of the African Commission On Human and Peoples' Rights Extracted from the Commission's Activity Reports 1994-2001, at 140 (2002); Documents of the African Commission on Human and Peoples' Rights, at 398 (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 132 (ACHPR 1995)
FACTS
1. The communication was submitted by Muthuthirin Njoka, who alleges that he was illegally admitted to Mathare Mental Hospital through Police duress and pressure. He alleges the wrong implementation of the Police Act 1961 and Mental Treatment Act 1949, which were both enacted by the colonial government. He also alleges wrongful detention and torture, the wrongful imprisonment of his sons and other members of his family, the harrasment of the members of his family and the confiscation of family property.
2. The communication was originally submitted in 1991 an designated No. 56/91. On 12 October 1993, the Commission decided that the communication was inadmissible because Kenya was not party to the African Charter on Human and Peoples' Rights at the time it was submitted.
3. Mr. Njoka was accordingly intimated but was also informed that he could re-submit his communication since Kenya had subsequently ratified the Charter. This, he did.
APPLICABLE LAW
4. The complainant alleges violations of his rights under Articles 5, 6, 7 and 21 of the Charter.
RECOMMENDATION
5. The cause of the complaint arose at a time when Kenya was not a party to the Charter. There is no evidence of a continuing damage in breach of the Charter.
6. The communication is incoherent in several respects:
a) The author alleges in a letter of 14 June 1994 to the Registrar of the High Court of Kenya that his suits had been pending in Court for 9 years. One was against Kenya claiming the sum of 7.5 b. Kenyan shillings for the wrongful implementation of colonial statutes and another claiming 12.5 b. British shillings for wrongfully passing those legislations.
b) A letter of 20 March 1991 addressed to the World Health Organization is enclosed. The letter wants "the definition of mental capacity and the position of a living being".
c) A letter of 31 May 1993 addressed to the Secretary of the OAU requires the Organization "to intercept this matter and ... quash the sentences imposed on my sons and set them free".
7. The author is incoherent and his complaints are vague. The communication is inadmissible.
8. For these reasons, the Ñommission declares the communication inadmissible.
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