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 7 9

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