njoka v kenya communication 142 of 1994 1995 achpr 9 22 march 1995

The complaint arose when Kenya was not a party to the Charter and there is no evidence of continuing damage; the communication is also incoherent and vague, rendering it inadmissible.

Citation: njoka v kenya communication 142 of 1994 1995 achpr 9 22 march 1995
Parties: Applicant: Muthuthirin Njoka; Respondent: Kenya
Court: ACHPR
Jurisdiction: Tanzania
Judgment Date: 22 March 1995
Procedural Posture: Communication / Admissibility Decision
Outcome: communication declared inadmissible
Legal Topics: Admissibility of Communication, State Party Status, Mental Health Rights, Wrongful Detention, Torture, Family Rights, Property Rights
Source Language: English

Human Rights Law Admissibility of Communication State Party Status Mental Health Rights Wrongful Detention Torture Family Rights Property Rights

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Parties

Muthuthirin Njoka

Applicant

Kenya

Respondent

Procedural Posture

Communication / Admissibility Decision

Legal Issues

1 Whether the communication is admissible under the African Charter on Human and Peoples' Rights
2 Whether Kenya was a party to the Charter at the time of the alleged violations
3 Whether there is evidence of continuing damage in breach of the Charter

Ratio Decidendi

The complaint arose when Kenya was not a party to the Charter and there is no evidence of continuing damage; the communication is also incoherent and vague, rendering it inadmissible.

Court Disposition

communication declared inadmissible