2012, Reasons for Strike out 25. Rule 105(1) of the Rule of Procedures of the Commission provides that when the Commission decides to be seized with a Communication, it shall inform the Complainant of the decision and request the latter to submit evidence and arguments on admissibility within two months. In accordance with this Rule, the Complainants by a letter dated 18 November 2011 were informed that the Commission was seized with the Communication, and were requested to present evidence and arguments on Admissibility within two months. 26. However, the Secretariat did not receive any submissions or correspondence of any kind from the Complainants within the two months deadline. Accordingly, in a letter dated 8 May 2012 the Secretariat requested the Complainants if they want their original submissions on seizure to be also considered for admissibility. Nonetheless, the Secretariat did not receive any response from the Complainants. 27. On 10 August 2012 the Secretariat received the submissions on the Admissibility of the Communication from the Respondent State, and acknowledged receipt of the same by a Note Verbale dated 16 August 2012. 28. Even though the Complainants failed to initiate the admissibility proceedings by submitting their arguments as required under Rule 105(1) of the RoPs, the Secretariat on 16 August 2012 forwarded the submissions of the Respondent State to the Complainants and requested them to forward their observations within one month of notification, that is before 18 September 2012. 29. The Complainants did not acknowledge receipt of the Respondent State's submissions or forward their observations on the said submissions. 30. During the 52nd Ordinary Session the Commission did not consider the Communication due to time constraints, and subsequently by a Note Verbale and letter dated 5 November 2012 the parties were informed of such fact, and were further informed that they will be duly informed of the outcome of the consideration, when a decision is taken regarding the Communication by the Commission. 31. The Commission notes that between 5 November 2012 and January 2013, the Secretariat has made numerous attempts to communicate the Complainants via email and telephone to no avail. 32. The Commission also notes that since the Secretariat received the original Complaint from the Complainants on 7 October 2011, it has not received any submissions or correspondence of any kind from the Complainants. Decision of the Commission 33. In view of the above the Commission hereby decides to: 1. strike out the Communication for lack of due diligence in prosecuting the case; and 2. notify both parties of the decision. Done in Banjul, The Gambia, at the 13th Extraordinary Session of the African Commission on Human and Peoples' Rights held from 19 to 25 February 2013 1 The Republic of Kenya ratified the African Charter on Human and Peoples' Rights on 23 January 1992. 3