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Human R,ghts ou,
Collective Respons1b1hty
Human and Peoples' Rights
case was brought before the Commission by Mr. William Sipai and 13 other
representatives of the Keekonyokie Clan of the Maasai People of Kitet (represented
by Dr. Duncan Ojwang).
92. In view of the above, the nature of the case and the circumstances surrounding it
make the connection between all the actions almost impossible. To the extent that
Claimants have been subject to the same violations, the size of the community leaves
no room for coordinated action. In this regard, in this particular situation, the
submission of the case within six months, i.e. the determination of an exact reasonable
time limit for filing such a case would be contradictory, given that all the cases were
submitted by different individuals (African Commission on Human and Peoples' Rights
v. Republic of Kenya, TAfDHP), notwithstanding the evident need to exhaust local
remedies, as previously demonstrated.
93. In addition, two main arguments may further justify the long period of time taken to
seize the Commission. In the first instance, considering that the cases at the national
level were presented by different individuals, it can be assumed that other members
of the community were patiently waiting for an outcome of these cases. In this case,
the community hoped that the case brought in October 2019 would bear fruit, after
which the absence of a response from the High Court on this particular matter led the
Complainants to seize the Commission.
94. Secondly, the particular circumstances of the case must be put into perspective and
therefore allow for a more careful analysis. Several members of the community were
resettled against their will, houses burned , and individuals arrested for speaking out
against the government's actions. The Commission would not qualify this as a safe
environment in which to prepare a complaint effectively, since the majority of the
inhabitants would have been affected.
95. The African Court took this position in the case of Association pour le Progres et la
Defense des Droits des Femmes Maliennes and Institute for Human Rights and
Development in Africa15, where it held that "and secondly, given the climate of fear,
intimidation and threats that characterized the period following the adoption of the law
on 3 August 2009, it is reasonable to expect that the Claimants have also been
affected by this situation". In this particular case, the complainants brought the case
before the Court five (05) months after the enactment of a law by the Malian
"It
15 Association pour le Progr~s et la Defense des Droits des Femmes Maliennes (APDF) and Institute for Human Rights and Oeve
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