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Citation
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Judgment date
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| December 2022 |
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Court finds prima facie jurisdiction but dismisses or rejects provisional measures as moot, non‑justiciable against non‑party organ, or unfounded.
* Provisional measures – prima facie jurisdiction – Court may entertain urgent requests though full jurisdiction on merits not yet established.
* Provisional measures – mootness – measures aimed at preventing events that already occurred are dismissed as moot.
* Provisional measures – non‑party organs – Court cannot order provisional measures against the African Union Executive Council which is not a party.
* Provisional measures – detention warrants – suspension request refused where detention rests on conviction after trial.
* Provisional measures – Court will not determine composition of AU organs or amend parties’ identities in provisional relief.
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21 December 2022 |
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Applicant failed to show a sufficient link between alleged rights violations and the scheduled elections; provisional suspension refused.
Provisional measures — prima facie jurisdiction — extreme gravity, urgency and irreparable harm — necessity of causal link between requested interim relief and merits — refusal to suspend scheduled elections where no sufficient connection established.
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16 December 2022 |
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Court dismisses requests to suspend elections, annul future parliamentary acts and to order a presidential medical exam as premature or unsupported.
• Provisional measures – prima facie jurisdiction – Applicant’s rights under the African Charter – standard of extreme gravity, urgency and irreparable harm; • Provisional measures not to decide merits – connection between requested interim relief and rights alleged; • Requests to suspend elections or annul future parliamentary acts premature; • Court will not order medical examination of head of State absent evidence.
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16 December 2022 |
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Application declared inadmissible for failure to exhaust a newly available domestic remedy to contest arbitral awards.
Labour law; access to justice; exhaustion of domestic remedies; enforceability of arbitral awards; competence and admissibility of petitions before the African Court.
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1 December 2022 |
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Application declared inadmissible for failure to exhaust newly available domestic remedies (amendment to Article L.229).
* Human rights procedure – Admissibility – Exhaustion of local remedies – domestic amendment creating remedy (Law No. 021-2017 amending Article L.229) renders application inadmissible if not pursued.* Labour law – Enforcement and annulment of Arbitration Council awards in collective disputes – availability of appeal to Supreme Court’s Social Chamber.* Jurisdiction – African Court’s material, personal, temporal and territorial jurisdiction affirmed.
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1 December 2022 |
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Application alleging unlawful detention and prosecutorial overreach declared inadmissible for failure to exhaust domestic remedies.
Jurisdiction of African Court; admissibility—exhaustion of local remedies; premature filing during ongoing domestic criminal proceedings; prosecutorial detention orders under domestic law; bail procedures; costs—each party bears own costs.
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1 December 2022 |
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Review application dismissed for lack of new facts; Court retains jurisdiction despite State's withdrawal.
* Review procedure (Article 28(3) Protocol; Rule 78 Rules of Court) – review limited to genuinely new facts or evidence unknown at time of judgment
* Personal jurisdiction – withdrawal of Article 34(6) Declaration does not affect pending cases or review proceedings arising from judgments in such cases
* Admissibility – new fact must pre-exist judgment and be unknown despite due diligence; appellate re-litigation not permitted
* Exhaustion of local remedies – finding that domestic remedies existed is part of prior judgment and not a new fact
* Reparations – reassessment requests comparing awards in other cases do not constitute new facts
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1 December 2022 |
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Court found no violation of fair-trial or non-discrimination rights, but reiterated that mandatory death penalty violates the Charter.
• Jurisdiction – withdrawal of Article 34(6) Declaration not retroactive; continuing detention on death row gives temporal jurisdiction. • Admissibility – exhaustion of ordinary judicial remedies; filing within reasonable time considering incarceration and lack of awareness. • Fair trial – evaluation of identification evidence and national courtsâ margin of appreciation. • Non-discrimination – burden on applicant to prove discriminatory treatment; absence of evidence. • Death penalty – Court reiterates mandatory death penalty violates the Charter and requires discretionary sentencing procedures.
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1 December 2022 |
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Court had jurisdiction and found local remedies exhausted but declared application inadmissible for unreasonable delay.
• Jurisdiction – material jurisdiction to examine alleged violations of the African Charter arising from domestic criminal proceedings; not an appellate court but may assess compliance with international human rights standards.
• Jurisdiction – temporal, personal and territorial jurisdiction satisfied where domestic judgments post‑date ratification and Declaration remains applicable to pending cases.
• Admissibility – exhaustion of local remedies satisfied by appeal to the Court of Appeal; extraordinary review not mandatory.
• Admissibility – applications must be filed within a reasonable time; excessive delay (over seven years) renders application inadmissible.
• Procedural – admissibility requirements are cumulative; failure of one (reasonable time) suffices to dismiss application.
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1 December 2022 |
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Mandatory death sentence violates right to life; undue pre-trial delay and death-row detention violate fair trial and dignity rights.
* Jurisdiction – material, personal, temporal, territorial – Court empowered to assess domestic proceedings against Charter obligations
* Admissibility – exhaustion of local remedies (appeal to Court of Appeal sufficient); reasonable time for filing assessed in light of incarceration and pending review
* Criminal law – Mandatory death penalty – denial of judicial discretion – violation of Article 4 (right to life)
* Fair trial – undue delay – six-plus years pre-trial – violation of Article 7(1)(d)
* Right to defence – allegations of ineffective counsel and conflict of interest dismissed for lack of substantiation
* Human dignity – death-row phenomenon and prolonged pre-trial detention constitute inhuman or degrading treatment under Article 5
* Reparations – moral damages; repeal mandatory death sentence; resentencing/rehearing; publication and reporting orders
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1 December 2022 |
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Application challenging exclusion of pregnant schoolgirls held inadmissible as matter already decided by ACERWC; Court retained jurisdiction.
Human rights — Education and non-discrimination — Exclusion of pregnant and parenting girls from public schools — Admissibility — Article 56(7) Charter — Settlement by another regional organ (ACERWC) — Three-part test: identity of parties, similarity of subject-matter, prior decision on merits — Jurisdiction retained — Provisional measures moot.
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1 December 2022 |
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Mandatory death penalty and hanging violated rights to life and dignity; unreasonable pre-trial delay breached fair-trial rights.
Jurisdiction and admissibility; reasonableness of filing time after exhaustion of local remedies; mandatory death penalty arbitrary under Article 4; hanging and death-row detention violate Article 5; unreasonable pre-trial delay violates Article 7(1)(d); no breach as to presumption of innocence or effective counsel; remedial orders include repeal of mandatory death penalty, sentencing rehearing and moral damages.
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1 December 2022 |
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Court finds Benin violated judicial independence, free expression and failed to execute prior judgments; orders institutional reforms and damages.
• Jurisdiction – withdrawal of Article 34(6) Declaration has no retroactive effect; Court retains jurisdiction over applications filed before withdrawal took effect.
• Admissibility – exhaustion of local remedies required; legislative challenges ruled admissible after domestic Constitutional Court review; administrative memorandum claims inadmissible for non-exhaustion.
• Human rights – judicial independence (Article 26 Charter) violated by executive-dominated HJC composition.
• Freedom of expression – Article 410(3) Penal Code unlawfully restricts permissible criticism of judicial decisions (Article 9(2) Charter; Article 19 ICCPR).
• Compliance – State violated Article 30 of the Protocol by non-execution of Court decisions.
• Remedies – declaratory relief, legislative reform orders, publication and reporting, moral damages awarded.
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1 December 2022 |
| September 2022 |
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Application dismissed as inadmissible for failure to exhaust domestic remedies despite Respondent's default.
* Human rights – Fair trial rights – Allegations including denial of adversarial proceedings, equality of arms, right to reasons and effective remedy – Requirement to exhaust domestic remedies before approaching the African Court.
* Procedure – Default judgment – Court may enter judgment in default where a State fails to respond, but admissibility requirements remain to be satisfied.
* Admissibility – Article 56(5) Charter/Rule 50(2)(e) – Pending cassation appeal not shown to be unduly prolonged; application therefore premature and inadmissible.
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22 September 2022 |
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Court found presidential decrees breached rights to be heard and political participation; ordered repeal and Constitutional Court operationalisation.
• International and regional jurisdiction – State consent to Court jurisdiction via ratification and Article 34(6) declaration; • Admissibility – exhaustion of local remedies inapplicable where Constitutional Court (exclusive forum for constitutional review) is not operational; • Constitutional law – legality and procedural requirements for emergency measures; • Human rights – violations of right to be heard (Article 7(1)(a)), political participation (Article 13(1)) and State obligation to give effect to Charter rights (Article 1); • Remedies – repeal of decrees, operationalisation of Constitutional Court, reporting and guarantees of non-repetition.
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22 September 2022 |
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Application inadmissible for failure to exhaust available cassation remedy; Court confirms jurisdiction and orders each party to bear own costs.
* Human rights – Admissibility – Exhaustion of local remedies – Availability and effectiveness of cassation remedy – Failure to exhaust leads to inadmissibility.
* Jurisdiction – State deposited Article 34(6) declaration; Court competent to interpret Charter and ICCPR.
* Enforcement of domestic judgments – provisional enforcement and recourse to ordinary remedies.
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22 September 2022 |
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Application declared inadmissible for failure to exhaust cassation remedy despite Court’s jurisdiction.
• Human rights – fair trial (Article 7 African Charter) – alleged violations of right to fair trial, equality of arms and adversarial principle.
• Admissibility – exhaustion of local remedies – requirement to lodge cassation appeal – effectiveness and availability of cassation remedy.
• Jurisdiction – material, personal, temporal and territorial jurisdiction of the African Court.
• Remedies – limits on Court’s power regarding pardon, commutation and parole when domestic remedies not exhausted.
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22 September 2022 |
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Application declared inadmissible for unreasonable delay despite exhaustion of local remedies; Court affirms jurisdiction.
• Jurisdiction – Material jurisdiction to examine alleged Charter violations arising from national criminal proceedings without acting as appellate court
• Jurisdiction – Temporal jurisdiction where domestic judgments post-dated ratification and alleged effects are continuing
• Admissibility – Exhaustion of local remedies satisfied where applicant’s appeal to highest domestic court was determined
• Admissibility – Reasonable time requirement under Article 56(6): undue delay (almost seven years) renders application inadmissible
• Costs – Each party to bear its own costs
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22 September 2022 |
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Failure to inform an indigent accused of bail or provide free counsel violates fair-trial rights; limited moral compensation awarded.
• Jurisdiction – African Court competent to assess compliance of domestic criminal proceedings with Charter standards without acting as appellate court.
• Admissibility – Reasonable-time test; incarceration, indigence and lack of access to records may justify delay.
• Fair trial – Right to liberty includes right to apply for bail and to be informed of that right, especially if unrepresented.
• Right to defence – Indigent accused facing serious offences must be provided free legal assistance at trial and on appeal.
• Remedies – Moral damages awarded for established fair-trial violations; restitution (release) refused absent miscarriage of justice.
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22 September 2022 |
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Applicants’ political-monitoring and security rights violated; formal collation-sheet authentication breaches found, but election not annulled.
Human rights – Electoral rights – Jurisdiction and admissibility – Exhaustion of domestic remedies – Independence and reasoning of constitutional courts – Right to monitor elections and transparency of collation sheets (hologram/sticker) – Protection of candidates (security of the person) – Reparations for procedural and moral prejudice.
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22 September 2022 |
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Court has jurisdiction but declares application inadmissible for failure to exhaust local remedies.
Human rights – Fair trial rights (presumption of innocence, right to defence, impartial tribunal) – Judicial independence – Jurisdiction of the African Court to assess compliance of domestic proceedings with the Charter – Admissibility – Requirement to exhaust local remedies – Applications based on same facts previously declared inadmissible for non‑exhaustion.
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22 September 2022 |
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Application inadmissible: Court had jurisdiction and exhaustion was met, but filing exceeded a reasonable time and was dismissed.
Human rights – jurisdiction of African Court – material jurisdiction to assess conformity of domestic criminal proceedings with the Charter; Temporal jurisdiction – continuing violations and non-retroactivity of obligations; Personal jurisdiction – effect of withdrawal of Article 34(6) Declaration; Admissibility – exhaustion of local remedies by appeals to highest domestic courts; Admissibility – filing within a reasonable time; Costs – each party bears own costs.
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22 September 2022 |
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Applicant’s procedural complaints did not establish violation of the right to have one’s cause heard; application dismissed.
* Jurisdiction – material, personal, temporal and territorial – withdrawal of Article 34(6) declaration has no retroactive effect on pending cases.
* Admissibility – exhaustion of local remedies; reasonable time.
* Fair trial – Article 7(1) – issues of conviction before sentence; unsworn child evidence; admissibility of exhibits; court assistance for defence witnesses.
* Reparations – dismissed where no violation established.
* Costs – each party to bear own costs.
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22 September 2022 |
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Application dismissed as inadmissible for unreasonable delay in filing after exhaustion of domestic remedies.
Human rights – Access to the African Court – Jurisdiction established where Declaration deposited when application filed – Withdrawal of Declaration has no retroactive effect on pending cases; Admissibility – Requirement to exhaust local remedies satisfied; Temporal admissibility – application filed six years after exhaustion held not filed within a reasonable time and therefore inadmissible; Default – Respondent’s failure to file response allows Court to proceed suo motu.
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22 September 2022 |
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Court found no breach by Respondent States of Sahrawi self‑determination obligations; AU Assembly admission decision not imputable to States.
• Human rights – Peoples’ right to self‑determination (Article 20 African Charter) – Nature as erga omnes/jus cogens – Extraterritorial obligations and assistance to colonised peoples.
• Jurisdiction – Material, personal, temporal and territorial jurisdiction of the African Court in cases concerning extraterritorial effects of State omissions.
• Admissibility – actio popularis/public‑interest standing; exhaustion of local remedies dispensed where ineffective or unduly burdensome; requirement not to be based exclusively on media.
• Separation of legal personalities – AU Assembly decisions and limits on imputing Assembly acts to individual Member States.
• Remedies – reparations require a finding of State responsibility and causal link.
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22 September 2022 |
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Applicant’s challenge to retrenchment dismissed; domestic retrenchment and litigation found compliant with Charter standards.
Labour law – retrenchment during institutional transition – right to work (Article 15) – fairness of domestic retrenchment procedures; Human rights – fair trial (Article 7) – impartiality, length of proceedings, consideration of evidence; Equality and non‑discrimination (Articles 3 and 2) – status distinctions between Ministry employees and commissioners; Admissibility – exhaustion of local remedies and filing within reasonable time; Jurisdiction – scope of African Court vis‑à‑vis domestic final rulings.
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22 September 2022 |
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Applicant’s case dismissed as inadmissible for failure to exhaust cassation remedy before filing at the African Court.
* Human-rights jurisdiction – review of domestic criminal proceedings for compliance with Charter and other instruments – not an appellate function.
* Admissibility – exhaustion of local remedies – cassation appeal before Supreme Court effective; premature filing.
* Provisional measures – rendered moot where main application inadmissible.
* Costs – each party to bear its own costs.
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22 September 2022 |
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Application inadmissible for failure to exhaust the available domestic civil appeal remedy.
• Human rights — Property rights (Article 14 African Charter) — Alleged deprivation by domestic civil judgment. • Admissibility — Exhaustion of local remedies — Requirement to pursue ordinary civil appeal. • Civil procedure — Adversarial judgment and legal representation — effect on appeal time-limit and applicant's obligations. • Criminal provision (Article 410) — Not a bar to exercising statutory remedies. • Jurisdiction — Court competent despite State's subsequent withdrawal of Article 34(6) Declaration for pending cases.
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22 September 2022 |
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Application dismissed as inadmissible for failure to exhaust available domestic remedies; Court affirms jurisdiction.
• Human rights procedure – admissibility – exhaustion of local remedies – ordinary, available and effective remedies must be exhausted before seising the Court; • Labour law – alleged non-payment of retrenchment entitlements – domestic labour remedies and appeals (appeal and cassation) required; • Admissibility – principle of anteriority: exhaustion assessed as at date of filing; • Jurisdiction – Court has personal, material, temporal and territorial jurisdiction.
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22 September 2022 |
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Failure to prove filing of a cassation appeal led to inadmissibility for non-exhaustion of local remedies despite Court's jurisdiction.
* Jurisdiction – Material jurisdiction to hear alleged violations of Articles 7(1)(a) and 7(1)(d) of the African Charter – Court not an appellate domestic court but may assess compliance with Charter standards. * Admissibility – Exhaustion of local remedies – Requirement to lodge cassation appeal and prove filing by registry attestation. * Failure to prove cassation appeal – Non-exhaustion renders application inadmissible. * Costs – Each party bears its own costs.
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22 September 2022 |
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Application struck out after applicant discontinued proceedings; Court relied on Rule 65(1)(a).
Procedure – Discontinuance and striking out – Application may be struck from cause list where applicant notifies intention not to proceed (Rule 65(1)(a)); right to seek restoration under Rule 65(3).
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22 September 2022 |
| August 2022 |
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Court orders access to medical care and CNHU medical file; dismisses other provisional measures for lack of urgency or evidence.
Provisional measures – prima facie jurisdiction after State withdrawal of Article 34(6) Declaration – criteria of extreme gravity, urgency and irreparable harm – right of access to health care and medical records – limits on provisional relief regarding third parties, evidentiary production and allegations lacking supporting evidence.
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15 August 2022 |
| July 2022 |
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Applicants granted leave to amend pleadings before close of pleadings due to new legal representation and interests of justice.
* Procedure – Pleadings – Amendment of pleadings under Rule 47 – Request made before close of pleadings; requirement to specify parts and reasons; interests of justice where applicants change from self-representation to counsel – leave to amend granted.
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28 July 2022 |
| June 2022 |
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Application struck out for failure to pursue proceedings and non-compliance with court requests under Rule 65.
Rule 65(1)(b) – striking out applications for failure to pursue – party diligence and compliance with Registry requests; proofs of delivery and attribution of non-compliance to lack of diligence; discretionary strike out to preserve court resources; strike out without prejudice to re-filing under Rule 65(3).
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23 June 2022 |
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Application struck out for failure to pursue proceedings and comply with Court requests under Rule 65.
Procedure — Striking out under Rule 65(1) for failure to pursue proceedings; party diligence; requests for supporting documents and Reply; proof of delivery negating non-receipt; striking out without prejudice to re-filing under Rule 65(3).
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23 June 2022 |
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Court orders Kenya to restitute Ogiek land, recognize them as indigenous, and pay material and moral reparations.
Indigenous peoples – reparations – temporal scope of state responsibility – quantification of collective material and moral prejudice – delimitation, demarcation and collective titling of ancestral lands – recognition and consultation (FPIC) – establishment of development fund – implementation and reporting.
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23 June 2022 |
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Court joins decision on provisional measures to the merits where requested measures mirror substantive relief and could prejudice the merits.
Procedure — recusal of national judge — provisional measures — requested measures mirror substantive relief — Court joins decision on provisional measures to merits; failure of State to respond.
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23 June 2022 |
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Court has jurisdiction to examine Charter breaches in judicial acts but dismissed the case for failure to exhaust local remedies.
Jurisdiction – material jurisdiction to assess whether national judicial decisions comply with the African Charter; Admissibility – requirement to exhaust effective local remedies before filing; Non-exhaustion – application premature where appeal pending; Judicial independence – allegations insufficient or subsequent to filing cannot excuse non-exhaustion.
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23 June 2022 |
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State’s failure to provide trial records denied appeal rights; court awarded material and moral reparations and ordered publication and reporting.
Human rights – Fair trial (Article 7(1)(a)) – Failure to provide certified trial records preventing appeal; Reparations – default judgment under Rule 63(1); Material damages – flexible assessment using minimum wage and inflation where private evidence unavailable; Moral damages – presumed upon violation and quantified on equity; Indirect victims – requirement of documentary proof of relationship; Measures of satisfaction – publication and periodic reporting; Enforcement – tax‑free awards and interest on arrears.
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23 June 2022 |
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State violated rights to equal protection, to have one’s cause heard and to an effective remedy; reparations awarded.
Human rights — Temporal jurisdiction for continuing violations; admissibility — exhaustion of domestic remedies and reasonable time; right to equality before the law and to have one’s cause heard — ouster of ordinary courts and failure to provide effective remedy; reparations — material and moral damages, implementation reporting.
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23 June 2022 |
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An application may be struck out under Rule 65 when the applicant fails to prosecute the matter diligently.
Rule 65(1) – Striking out for failure to pursue – Applicant’s diligence – Multiple extensions and non-compliance; Proof of delivery of Court notices; Discretion to strike out; Strike out without prejudice to restoration under Rule 65(3); Provisional measures (stay of execution) previously issued.
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23 June 2022 |
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Applicants’ exclusion from promotion training and Article 125’s authorisation requirement did not breach equality, education or promotion rights.
Administrative law; equality before the law – jurisprudential change; civil service law – promotion and training – prior hierarchical authorisation; compatibility of national police status law with Article 13(2) Charter, Article 25(c) ICCPR, Article 13(2)(c) and Article 7(c) ICESCR; exhaustion of local remedies; reasonableness of restrictions on access to public service.
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23 June 2022 |
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Applicant granted leave to amend pleadings; late amendments deemed filed; oral hearing deferred until respondent is served and may respond.
Amendment of pleadings – Rule 47(2) and Rule 90 – Leave to amend granted in interest of justice; late amended pleadings deemed filed; request for oral proceedings deferred pending service and reciprocal written submissions.
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23 June 2022 |
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Court exercised discretion to reopen pleadings and allow a reply, deeming the Respondent's late Response properly filed.
Procedural law — Reopening pleadings under Rule 46(3); Reply after Respondent’s Response under Rule 44(2); Court’s inherent powers under Rule 90; consideration of late-filed Response; fairness and interest of justice in procedural scheduling.
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7 June 2022 |
| May 2022 |
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Court reopened pleadings and granted both parties 45 days to reply to new post-closure submissions under Rule 46(3).
Reopening pleadings; Rule 46(3) Rules of Court; Rule 44(2) procedural replies; Rule 90 inherent powers; post-closure submissions raising new arguments; provisional measures stayed execution; Article 34(6) Declaration withdrawal does not affect pending cases.
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13 May 2022 |
| April 2022 |
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Proceedings reopened so State can respond where initial service of the application was doubtful.
Procedure – Service of process – Non-acknowledgement of initial notification – Rule 46(3) – Reopening pleadings in the interest of justice and to safeguard adversarial proceedings; Expropriation and unpaid court-ordered compensation.
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1 April 2022 |
| March 2022 |
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Provisional measures denied: applicants failed to specify measures or prove extreme gravity, urgency, and irreparable harm despite prima facie jurisdiction.
• Jurisdiction – prima facie jurisdiction where application filed before withdrawal of Article 34(6) Declaration effective date; • Provisional measures – require extreme gravity, urgency and risk of irreparable harm; • Burden of proof – applicants must specify requested measures and demonstrate urgency and irreparable harm; • Freedom of expression – alleged violation arising from internet shutdown on election day.
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24 March 2022 |
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Court orders provisional measures and merits to be heard together in application alleging unconstitutional seizure of power.
Provisional measures – requests mirroring merits – risk of prejudging merits – decision to consider provisional measures and merits together – expeditious examination of application arising from alleged abrogation of constitution.
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24 March 2022 |
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Application struck out for failure to prosecute and inability to locate the applicant; restoration permitted under Rule 65(3).
Procedure – Rule 65 – Strike out for failure to prosecute; Parties’ diligence in pursuing cases; Representation – inability to obtain Power of Attorney where applicant cannot be located; Restoration of struck-out applications under Rule 65(3).
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24 March 2022 |
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Court found violations of reasonable-time, adversarial rights, effective remedy and judicial/electoral-body independence; ordered reforms and CFA1,000,000 compensation.
Electoral law; fair trial — reasonable time and adversarial principle; effective remedy and recusal procedures; judicial independence; independence and impartiality of electoral management bodies; ACDEG and ECOWAS Protocol compliance.
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24 March 2022 |