Case Note The African Court has jurisdiction to interpret any human rights obligations binding on the state, 4 and the Anudo case thus draws not only on the African Charter on Human and Peoples’ Rights (‘ACHPR’), 5 but also on the International Covenant on Civil and Political Rights (‘ICCPR’), 6 as well as art 15 of the Universal Declaration of Human Rights (‘UDHR’) 7 — which the African Court affirmed to be customary international law. 8 II FACTS Anudo Ochieng Anudo was born in 1979 in Butiama district, in the north-west of Tanzania. 9 In 2012, his passport was retained when he was seeking to register his marriage, on the grounds that there were doubts about his citizenship. 10 In September 2013, he wrote to the Minister of Home Affairs and Immigration protesting the confiscation of his passport. 11 In April 2014, the immigration service opened an investigation. 12 A letter from the Minister dated 21 August 2014 informed the applicant that his passport had been cancelled on the ground that he was not a citizen. 13 Unaware of the letter, the applicant went to the immigration office on 26 August 2014, hoping to recover his passport. 14 Upon arrival he was arrested, detained and beaten. 15 One week later, he was escorted to the Kenyan border and compelled to sign a notice of deportation and a document attesting that he was a Kenyan citizen. 16 The applicant’s father protested in writing to the Prime Minister, but the Minister of Home Affairs and Immigration confirmed the expulsion in December. 17 In November, however, the Kenyan authorities declared the applicant to be in irregular status, and expelled him back to Tanzania — where he was not readmitted. 18 Anudo then lived in ‘no man’s land’ between Kenya and Tanzania for the next three years. 19 The Tanzania Citizenship Act 1995 provides that the Minister’s decision in relation to any application under the Act ‘shall not be subject to appeal to or review 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights, opened for signature 10 June 1998, OAU Doc OAU/LEG/EXP/AFCHPR/PROT(III) (entered into force 25 January 2004) art 3 (‘ACHPR African Court Protocol’). African Charter on Human and Peoples’ Rights, opened for signature 27 June 1981, 1520 UNTS 217 (entered into force 21 October 1986) (‘ACHPR’). International Covenant on Civil and Political Rights, opened for signature 19 December 1966, 999 UNTS 171 (entered into force 23 March 1976) (‘ICCPR’). Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, UN Doc A/810 (10 December 1948) (‘UDHR’). Anudo case (n 1) 17 [76]. ibid 2 [1]. ibid 2 [4]. ibid 3 [5]. ibid 3 [6]. ibid 3 [8]. ibid 3 [9]. ibid. ibid. ibid 4 [10]. ibid 4 [11]. ibid 4 [12] (emphasis omitted). 171