PNE (represented by Federation of Women Lawyers, Kenya and International Center for the Protection of Human Rights) v Kenya (Communication 375 of 2009) [2011] CT 1 (KLR) (5 November 2011) (Judgment)
- Court
- CT
- Case number
- 1
- Citation
- [2011] CT 1 (KLR)
- Decided
- 5 November 2011
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAdmissibility DecisionPostureAdmissibility DecisionCoramBosire, IC, PCI
Holding
The African Commission declares the Communication inadmissible for failing to comply with the provisions of Article 56(6) of the African Charter.
Facts
The Complainant, PNE, was married to Mr. PE, a Kenyan diplomat. They had a farm called Tigoni Farm. Mr. PE appealed the High Court's decision to the Court of Appeal, which reduced the Complainant's share of the property.
Issues
- Violation of Articles 2, 3, 14, 18(3), and 19 of the African Charter
- Violation of Articles 56(6) and 56(7) of the African Charter
Reasoning
The Complainant submitted the Communication 31 months after exhausting local remedies, which is unreasonable and does not provide a compelling reason for the delay.
Outcome
The Communication is declared inadmissible.
Orders
- To notify its decision to the parties and attach the Communication to its Annual Activity Report in accordance with Rule 107(3) of its Rules of Procedure.
Authorities cited
Legislation (3)
- African Charter on Human and Peoples' Rights
- American Convention on Human Rights
- European Convention for the Protection of Human Rights and Fundamental Rights and Freedoms
Cases cited (2)
- Michael Mujuru v Zimbabwe
- Communication 308/05(2008) 25th Activity Report, ACHPR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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