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13. At the 17 Session the 3 month period given to the Government of Kenya to respond to the
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communication had not yet elapsed. The case was therefore deferred to the 18 Session.
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14. On the 20 April 1995, letters were sent to both the Complainant and the Government of Kenya,
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stating that the case would be considered at the 18 Session and requesting the Government of
Kenya’s response to the communication and information from the Complainant on the pending court
case.
Law
15. Article 56 of the African Charter reads:
Communications ... shall be considered if they: ... (5) Are sent after exhausting local remedies, if any,
unless it is obvious that this procedure is unduly prolonged...
16. The most recent information the Commission has, provided by the Complainants themselves,
states that the communication is still pending before the courts of Kenya. The Complainant has
therefore not exhausted all available local remedies.
Holding
For the above reasons, the Commission Declares the communication inadmissible without making
any judgements as to the merits.
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18 Session, Praia, Cape Verde, October 1995.