2010, accepting the competence of the Court to receive cases from individuals
and NGOs filed against the Respondent.
44. Concerning those allegations that implicate the Republic of Kenya, the Court
observes that the Republic of Kenya has not made the declaration required
under Article 34 (6) of the Protocol allowing individuals to directly file an
application before this Court. In this regard, the Court notes that the Registry of
the Court has, in accordance with Rule 35 (2) (b) and (4) (b) of its Rules, invited
the Republic of Kenya to intervene in the case, if it so wishes, since the
Applicants are its nationals, but the Republic of Kenya did not do so and in
these circumstances, the Court lacks personal jurisdiction to entertain
allegations against Kenya.
45. The Court observes that its lack of competence on some allegations of the
Applicants directed to the Republic of Kenya does not prevent it from
proceeding with the examination of this Application and address those
allegations raised against the Respondent. Articles 5 (3) and 34 (6) of the
Protocol empower the Court to examine allegations brought before it in so far
as these allegations involve the Respondent, which has deposited the required
declaration.
46. In view of the above, the Respondent's preliminary objection to the
competence of the Court on the basis that the present Application contains
allegations which implicate the Republic of Kenya is dismissed and the Court
finds that it has personal jurisdiction to examine the allegations against the
Respondent in the instant Application.
c. Other Aspects of Jurisdiction
47. With regard to the other aspects of its jurisdiction, the Court notes:
(i)
that it has temporal jurisdiction since the alleged violations are
continuous in nature, the Applicants having remained convicted on grounds
which they believe are flawed by irregularities [see the Court's jurisprudence in
the Zongo case ]6;
6
See African Court especially in the Matter of Zongo and Others v. Burkina Faso (Preliminary
Objections) Judgment of 21 June 2013, paras 71 to 77.
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