properly investigate a criminal matter of which it has been notified and to move the criminal process forward to its ultimate conclusion within a reasonable time, domestically.’"® 28. In the lodged matter a State ‘forfeit[s] its prerogative to deal with the matter at hand, by the State four years Prosecutor have against lapsed the since decision an appeal of the was Criminal Court of Nouakchott. However, after four years, no decision was given on the file lodged by the prosecutor. This indicates that the Respondent State failed to properly investigate a criminal matter of which it has been notified and to move the criminal process forward to its ultimate conclusion within a reasonable time. Consequently, the Committee believes assume that the two boys in the present case cannot be expected the task of exhausting domestic criminal remedies to but that it is instead for the Respondent State to move the criminal process forward to its ultimate conclusion in a timely manner, which it has failed to do. 29. In the Communication Committee exhausting of children of Nubian took the view that “the Complainants local remedies if such an descents attempt can would V Kenya, be exempted be the from or is unduly prolonged, which is an explicitly mentioned exception under Article 56[5] of the African Charter.”"* The Committee further underscored that “an unduly prolonged domestic remedy cannot be considered to fall within the ambit of ‘available, effective, and sufficient’ local remedy.”'® In the present matter, the Committee has learned that the victims have not caused the delay, and indeed through their lawyer they have repeatedly sought to ensure a hearing of the appeal. The Committee notes that four years have lapsed by the time the Complainants lodged it is noted in the Children of Nubian Descendants in the life of a child is almost six percent of his implementation and realization of children’s rights to be relegated for tomorrow, this communication. As Communication “a year or her childhood... the in Africa is not a matter but an issue that is in need of proactive immediate attention and action.”"” The Committee is of the view that, the delay caused in relation to the present communication is not in the best interest of the child and amounts to undue delay that triggers the exception to the requirement to exhaust any local remedies. 30. Pursuant to Section IX (1) (E) of the Revised Communication Guideline, the Communication should be presented within a reasonable period after exhaustion of local remedies at the national level. The Committee is of the view that this requirement is fulfilled since this Communication is brought within a reasonable period of time, after waiting for four years to get remedy from local arena. "3 article 19 v Eritrea (n 11 above). ™ See IHRDA "8 See IHRDA and other on behalf of children of Nubian descent V Kenya and other on behalf of children of Nubian descent V Kenya (n 2 above) para 31. (n 2 above) para 32.