st 43. On 21 May 2005, the Chairperson of the African Commission addressed an urgent appeal to the President of the Republic of Kenya on reports received alleging the harassment of the Chairperson of the Endorois Assistance Council who is involved in this communication. th th 44. On 11 and 19 July 2005, the Secretariat received the Complainants’ submissions on the merits, which were forwarded to the Respondent State. th 45. On 12 September 2005, the Secretariat wrote a reminder to the Respondent State. th 46. On 10 November 2005, the Secretariat received an amicus curiae brief on the case from COHRE. th st th 47. At its 38 Ordinary Session held from 21 November to 5 December 2005 in Banjul, The Gambia, the African Commission considered the communication and deferred its decision on the th merits to the 39 Ordinary Session. th 48. On 30 January 2006, the Secretariat informed the Complainants of this decision. th 49. By a Note Verbale of 5 February 2006, which was delivered by hand to the Ministry of Foreign Affairs of the Republic of Kenya through a member of staff of the Secretariat who travelled to the country in March 2006, the Secretariat informed the Respondent State of this decision by the African Commission. Copies of all the submissions by the Complainants since the opening of this file were enclosed thereto. th 50. By an email of 4 May 2006, the Senior Principal State Counsel in the Office of the Attorney General of the Respondent State requested the African Commission to defer the consideration of this communication on the basis that the Respondent State was still preparing a response to the matter which it claimed to be quite protracted and involved many departments. th 51. By a Note Verbale of 4 May 2006, which was received by the Secretariat on the same day, the Solicitor General of the Respondent State formally requested the African Commission to defer the matter to the next Session noting mainly that due to the wide range of issues contained in the th communication, its response would not be ready for submission before the 39 Ordinary Session. th th th 52. At its 39 Ordinary Session held from 11 to 25 May 2006 in Banjul, The Gambia, the African Commission considered the communication and deferred its consideration of the same to its th 40 Ordinary Session to await the outcome of amicable settlement negotiations underway between the Complainants and the Respondent State. 53. The Secretariat of the African Commission notified the parties of this decision accordingly. st 54. On 31 October 2006, the Secretariat of the African Commission received a letter from the Complainants reporting that the parties had had constructive exchanges on the matter and that the matter should be heard on the merits in November 2006 by the African Commission. The th Complainants also applied for leave to have an expert witness heard during the 40 Ordinary Session. th 55. At the 40 Ordinary Session, the African Commission deferred its decision on the merits of the communication after having heard the expert witness called in by the Complainant. The Respondent State also made presentations. Further documents were submitted at the session and, later on, during st the intersession; more documentation was received from both parties before the 41 Ordinary Session. st 56. During the 41 Ordinary Session, the Complainants submitted their final comments on the last submission by the Respondent State. Law Admissibility 57. The Respondent State has been given ample opportunity to forward its submissions on admissibility on the matter. Its delegates at the previous two Ordinary Sessions of the African Commission were supplied with hard copies of the complaint. There was no response from the Respondent State. The African Commission has no option but to proceed with considering the admissibility of the communication based on the information at its disposal. 58. The admissibility of communications brought pursuant to Article 55 of the African Charter is governed by the conditions stipulated in Article 56 of the African Charter. This article lays down seven