51 . Pursuant to Rule 39 (1) of the Rules, the Court will deal with the questions of its jurisdiction and admissibility of the Application; if the case arises, the Court will then examine the merits of the matter. VII. Jurisdicti on of the Court i. Jurisdicti on ratione materiae 52. According to the Respondent, the jurisdiction of the Court, as elaborated in Article 3 (1) of the Protocol and Rules 26 and 40 (2) of the Rules, has not been invoked by the Applicants . The Respondent avers that the Applicants have merely cited ongoing cases against them within the national judicial system and have made no attempt to even mention the Protocol, the African Charter on Human and Peoples' Rights (hereinafter referred to as the "Charter"), or any other relevant human rights instruments ratified by the Respondent, neither have they complied with the Constitutive Act of the African Union. 53. The Respondent further states that the allegations in the Application include allegations against Kenya and Mozambique, States Parties to the Protocol which have not made the declaration accepting the jurisdiction of the Court to receive Applications, pursuant to Articles 5 (3) and 34 (6) of the Protocol. The Respondent adds that the Applicants have alleged that there was a conspiracy between the Police Forces in Kenya, Mozambique and Tanzania in kidnapping and abducting them, and although two of these States have not been joined in the Application, they are inadvertently involved due to the nature of the allegations of conspiracy which have been raised. 54. The Respondent concludes by praying that ''the Applicants should be denied access to the Court and the Application should be duly dismissed for having failed to invoke the jurisdiction of the Court". 17