case, the Commission would need to align with the allegation that the Complainant had a right to be heard in Nairobi HC Misc Civil Application No.22 of 2004 and an appeal to prosecute in Nairobi Court of Appeal Civil Appeal No.266 of 2008, Nairobi Court of Appeal Civil Application No. NAI 261 of 2007 [UR 161 of 2007] and Nairobi Court of Appeal Civil Application No. NAI 320 of 2007 [UR220 of 2007]- which the Respondent State delayed. Fundamentally, the Commission would have to find that the election of Francis Kaparo as the Speaker on the 9th of January 2003 violated the rights of or created a claim for rights for the Complainant. The Commission's findings on that question of the January 9th elections, that it was de Jure correct, as extensively analyzed above demonstrate that the Complainant did not in fact suffer any s.u bstantial prejudice for which a claim of the right to be heard arises, and to an qppeal arises. The allegations of procedural irregularity in prosecuting his appeal do not amount to a denial of access to justice to establish a violation of Article 7 of the Charter. . 106. The Commission finds that the Respondent State has not contravened Article 7(1)(a). . Alleged violation of Article 13 of the Charter 107. The Complainant contends that 'his rights under Article 13 have been violated by the election of Mr. Francis Kaparo as Speake of Parliament on the 9th of January 2003 and the blockade pf his bid to be .elected as such on the 18th of February 2003. 108. Article 13 of the Charter reads: 1. Even; citizen shall have the right to participatefreely in the government ofhis countn;, either directly or through freely chosen representatives in accordance with the provisions of the law. 2. Even; citizen shall have the right of equal access to the public service of his country, 3. EvenJ individual shall have the right of access to public properhJ and services in strict equalihJ of aU pers9ns before the. law. 109. The Commission has stated in Constitutional Rights Project and Another v Nigeria that "To participate freely in government entails, among other things, the right to vote for the representative of one's choice." 41 110. In its decision on Civil Liberties Organisation (in respect of Bar Association) v Nigeria, 42 the Commission stated a general principle on this right, to the effect that: 41 42 (2000) AHRLR 191 (ACHPR 1998)para 50 Communication 101/93, para 15