of sex and gender by Kenyan courts, the Respondent state argues that the
African Commission is precluded from hearing the matter.
33. The jurisdiction of international judicial and quasi-judicial bodies
commonly has four attributes or facets; personal jurisdiction, material
jurisdiction, temporal jurisdiction and territorial jurisdiction. The
competence of the African Commission to determine the present
communication will therefore be assessed within the framework of these
attributes of jurisdiction.
34. Regarding its personal jurisdiction or ratione personae, the African
Commission is competent to determine Communications directed against
a State Party to the African Charter by someone competent to do so. The
Republic of Kenya is a State Party to the African Charter having ratified
same on 23 January 1992. The Complainants are competent to bring the
case before the African Commission because the only requirement for
doing so in this respect, that is, the disclosure of identity has been met as
indicated in paragraph 1 above. The personal jurisdiction of the African
Commission is therefore not called into question.
35. It would appear that what is mainly contested by the Respondent State is
the material jurisdiction (ratione materae) of the African Commission. The
African Commission has jurisdiction over a Communication in this
respect, which alleges the violation of rights guaranteed in the African
Charter. The subject matter of the Communication must relate to the
violation of a right protected in the African Charter and the Complainant
is only required to establish a prima facie violation.7 In assessing whether a
A person is presumed to have presented a prima facie violation under the African
Charter when the facts presented in a complaint show that a human rights violation has
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