4 . Not be based exclusively on news disseminated through the mass
media;
5 . Be filed after exhausting local rem edies, if any,
unless it is obvio us that this procedure is undul y
prolonged;
6. Be filed within a reasonable time from the date local remedies were exhausted
or from the date set by the Court as being the commencement of the time limit
within which it shall be seised with the matter; and
7. Not raise any mater or issues previously settled by the parties in accordance
with the principles of the Charter of the United Nations, the Constitutive Act of
the African Union, the provisions of the Charter or of any legal instrument of
the African Union."
83. The Respondent has raised objections with respect to the conditions of admissibility
pursuant to Rule 40(1) and Rule 40(5) of the Rules. The Court will proceed to examine
the admissibility of the Application starting with the conditions of admissibility that are
in dispute.
i. Objection on Non -C ompliance with Rule 40(1) of the
Rules (Identity of the Applicant)
Respondent's Objection
84. The Respondent argues that the original complainants before the Commission did not
submit a list of aggrieved members of the Ogiek Community on whose behalf they
filed the Communication and did not produce documents authorizing them to
represent the Ogiek Community as required by Rule 40 (1) of the Rules. The
Respondent also submits that CEMIRIDE has not provided evidence of its Observer
Status before the Commission.
85. The Respondent further submits that the original complainants before the
Commission have not demonstrated that they are victims of an alleged violation as
has been established by the Commission's jurisprudence.
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