ii. Objection on Non - Compliance with Rule 40(5) of the Rules (Exhaustion of local remedies) Respondent's Objection 90. The Respondent objects to the admissibility of the Application on the grounds that it does not comply with Rule 40 (5) of the Rules, which requires Applicants before the Court to exhaust local remedies before invoking its jurisdiction . The Respondent states that its national courts are competent to deal with any violations alleged by the Ogieks as the said local remedies are available, effective and adequate to accomplish the intended results and that they can be pursued without impediments. The Respondent submits that judicial procedures in Kenya are adversarial in nature and the length of the proceedings depends on the parties, which are responsible to move the Courts for hearing dates and relief. The Respondent contends that though some orders issued by the Respondent's courts have not been complied with , the said non-compliance was by a particular Municipal Council and should not be attributed to the Respondent. The Respondent asserts that neither the Applicant nor the original complainants before the Commission filed any case in the Respondent's courts in this regard. The Respondent maintains that the cases that the Applicant claims have been filed before its courts were filed by other entities. Further, the Respondent states that, apart from submitting their case to the national courts, the complainants could have seised its national human rights commission to get redress for the alleged violations before bringing this Application to this Court. Applicant's Submission 91 .The Applicant submits that, the rule of exhaustion of local remedies is applicable only with respect to remedies which are "available ," "effective" and "adequate" and if the local remedies do not meet these criteria, this admissibility requirement is dispensed with. The Applicant argues that the rule does not also apply when local remedies are unduly prolonged or there are a large number of victims of alleged serious human rights violations. 25 41 +