REFERENCE NO. 41 OF 2025 PETER ODIWUOR NGOGE T/A O. P. NGOGE & ASSOCIATES ADVOCATES v. THE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA

The Applicant alleges that the Respondent’s actions and by extension those of the African Commission on Human & Peoples Rights (ACHPR) as an organ whose actions are attributable to the Republic of Kenya rendered in a decision during its 74th Ordinary Session (February–March 2023) regarding Communication No. 516 of 2015, are unlawful infringements on Articles 6(d) and 7(2) of The Treaty for Establishment of The East African Community, as well as the Vienna Convention on the Law of Treaties. The Applicant specifically contends that by refusing to delve into the merits of the communication, finding the Applicant’s language insulting and disparaging, and falsely holding that local judicial remedies had not been exhausted despite evidence to the contrary, the Respondent has participated in a corrupt and dishonest judicial process that unlawfully shields Kenya from accountability and violates the principles of Pacta Sunt Servanda.