17. By letter and Note Verbale respectively dated 14 and 15 December 2010, both parties were informed of the African Commission’s decision to defer consideration of the Communication to its 49th Ordinary Session, in order to allow the Secretariat draft a decision on the Admissibility of the Communication. The Law on Admissibility 18. The Admissibility of Communications submitted pursuant to Article 55 of the African Charter is governed by the conditions stipulated in Article 56 of the same Charter. The Complainants’ Submission on Admissibility 19. The Complainants submit that the present Communication fulfils all the Admissibility requirements set out in Article 56 of the African Charter. Regarding Article 56(5) in particular on the exhaustion of local remedies, they aver that the Victim initially filed her case before the High Court of Kenya where she received a favourable decision. This decision was subsequently overruled on appeal by a full bench of the Appeal Court of Kenya. The full bench of the Kenya Appeal Court being the court of final instance in all legal matters in Kenya, the Complainants argue that they have exhausted local remedies and urge the African Commission to declare the Communication admissible. The Respondent State’s Submissions on Admissibility 20. In its response to the Submissions of the Complainants, the Respondent State contends that the Communication does not adhere to the requirements of Article 56 of the African Charter and should therefore be declared inadmissible. 4

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