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The African Commission found Kenya violated the Nubian community’s rights through discriminatory ID vetting, statelessness risks, and insecure land tenure in Kibera.
The Commission found that the language used by the complainant was not disparaging within the meaning of Article 56(3), as it reflected honest perceptions and was supported by evidence. However, the complainant failed to exhaust local remedies as required by Article 56(5), since he had access to courts, was able to initiate proceedings even from abroad, and some matters were still pending domestically. The circumstances did not render local remedies unavailable or ineffective.
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