The African Court struck out non-qualifying parties, held that only six respondent States met jurisdictional requirements, and renamed the application accordingly.
The African Court dismissed Joseph Letuya and 14 Others’ application against Kenya for lack of personal jurisdiction because Kenya had not deposited the Article 34(6) declaration.
The African Court dismissed an application by Ogiek community members against Kenya for lack of personal jurisdiction because Kenya had not filed the Article 34(6) declaration.
African Commission on Human and Peoples’ Rights v Republic of Kenya; Kilel and Others v Kenya (Application No. 006/2012) [2019] AfCHPR 43 (28 November 2019)
The African Court dismissed an individual application to intervene in reparations proceedings, holding that its rules permit intervention only by States Parties.
Manyuka v Tanzania (Application No. 020/2015) [2019] AfCHPR 45 (28 November 2019)
Court
African Court on Human and Peoples Rights
Case number
Application No. 020/2015
Judge
Ben Achour J, Bensaoula J, Chizumila J, Eno R, Guissè J, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Niyungeko J, Orè P
The African Court found that it possessed material, personal, temporal, and territorial jurisdiction over the application, as the alleged violations concerned rights protected under the Charter and the Respondent State had ratified the relevant instruments and made the necessary Declaration. The Court dismissed objections that it was being asked to act as a court of first instance or appellate court, reiterating its mandate to assess compliance with international obligations rather than review domestic decisions. On admissibility, the Court held that the Applicant had exhausted local remedies…
