Verbal to the Respondent State and in accordance with established practice,6 the
Commission is compelled to make its analysis without the submissions from the
Government of the Republic of Kenya.
THE COMMISSION’S ANALYSIS ON ADMISSIBILITY
36. A Communication submitted in terms of Article 55 must satisfy the seven
requirements in Article 56 in order to be declared admissible.
37. The Commission recalls that the conditions outlined in Article 56 are cumulative
and should all be adequately fulfilled for a communication submitted in
conformity with the terms of Article 55 to be admissible. Consequently, nonrespect of any one of these conditions is liable to render a communication
inadmissible.7 The Commission now considers the submissions of the parties in
light of these requirements in series.
Article 56(1)
38. Article 56(1) of the Charter states that “Communication relating to Human and
Peoples’ Rights… received by the Commission shall be considered if they indicate
their authors even if the latter request anonymity…” The requirement here is that
complainants or authors of complaints proffer their identity8 and contact details9
to enable the Commission to adequately process the communication through
assurances of continued interest in the matter.10 In the present case, the
Communication is brought by Kamilya Mohammedi Tuweni, Badriyah Badr
Hassan Abdalla, Bardees Badr Hassan and Hayatti Hafidh Salem Hassan. The
Complainants are legally represented by REDRESS. The Communication duly
complies with Article 56 (1).
Article 56 (2)
6
Communication 292/04 - Institute for Human Rights and Development in Africa (on behalf of Esmaila Connateh and
13 others) v Angola (2008) para 34; Communication 155/96 (2001); Social and Economic Rights Action Center and
Center for Economic and Social Rights v Nigeria; Communication 325/06 (2006) World Organisation Against Torture
and anor v Democratic Republic of Congo para 30
7
Communication 304/2005 - FIDH & Others v Senegal (2006) ACHPR para 38
8
Communication 308/05 : Michael Majuru v Zimbabwe, 24 November 2008, para 71.
9
Communication 70/92_9: Ibrahima Dioumessi, Sekou Kande, Ousmane Kaba v Guinea, 7 October 1995, para 11.
10
Communication 277/2003-Spilg and Mack & DITSHWANELO (on behalf of Lehlohonolo Bernard Kobedi) v Botswana,
12 October 2013, para 97.
10