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African Commission on Human and Peoples' Rights


263/02 Kenyan Section of the International Commission of Jurists, Law Society or Kenya and Kituo Cha Sheria / Kenya



States Kenya
Date December 07 , 2004
Session 36th Ordinary SessionNovember 23 to December 07 , 2004
Outcome:

Ruled inadmissible

Violated Articles:
Alleged violated articles : Articles: 1, 7.1a, 9.2, 46
Non violated articles :

African Charter on Human and People’s Rights (ACHPR) – Constitution of Kenya Review Act Chapter 3 A of the Laws of Kenya (the Review Act) sets up the Constitution [of Kenya] Review Commission (CKRC) to facilitate the comprehensive review of the Constitution by the people of Kenya and for connected purposes. Memorandums wrote by complainants on the Judiciary and Human Rights in Kenya to the CKRC.

Whether local remedies were exhausted by complainants.

Whether the respondent is in violation of state-party obligations under article 1 of ACHPR.

Whether the respondent is in violation of the following guaranteed rights under ACHPR: Right to Fair Trial; Right to Receive Information and Free Expression; Duty to Guarantee Independence of Courts. Communication inadmissible: non-exhaustion of local remedies.

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