any matter to the Court, including matters which reveal a series of serious or massive
violations of human rights.3 The Respondent's preliminary objection that the
Commission did not comply with Article 58 of the Charter is thus not relevant as far
as the material jurisdiction of the Court is concerned .
54. Regarding the preliminary examination of its jurisdiction in accordance with
Rule 40 of the Rules and Article 50 of the Charter, the Court notes that these
two provisions do not deal with the jurisdiction of the Court but concern issues
of admissibility, in particular, the issue of exhaustion of local remedies, which
the Court will address at a later stage in this judgment. In any event and in
keeping with its Rules, the final decision of the Court on the question of
jurisdiction can only be taken after receiving and analysing submissions from
the parties. The Respondent's objection in this regard is therefore dismissed .
55. From the foregoing, the Court finds that it has material jurisdiction to hear the
Application.
B. Personal Jurisdiction
Respondent's Objection
56. The Respondent contends that the original complainants before the Commission
lacked standing to invoke the jurisdiction of the Commission as they did not have
authority to represent the Ogieks, nor were they acting on their behalf.
Applicant's Submission
57 . The Applicant , c iting its own jurisprudence , submits that it has adopted
the actio popularis doctrine which allows anyone to file a complaint
before it on behalf of victims without necessarily getting the consent of
the victims . For this reason , the Commission was seised with the
Communication
in
November
2009
by
two
of
the
complainants :
CEMIRIDE and OPDP, which are Non - Governmental Organizations
3
See also Rule 118 (3) of the Rules of Procedure of the African Commission on Human and Peoples'
Rights.
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