4 . Not be based exclusively on news disseminated through the mass media; 5 . Be filed after exhausting local rem edies, if any, unless it is obvio us that this procedure is undul y prolonged; 6. Be filed within a reasonable time from the date local remedies were exhausted or from the date set by the Court as being the commencement of the time limit within which it shall be seised with the matter; and 7. Not raise any mater or issues previously settled by the parties in accordance with the principles of the Charter of the United Nations, the Constitutive Act of the African Union, the provisions of the Charter or of any legal instrument of the African Union." 83. The Respondent has raised objections with respect to the conditions of admissibility pursuant to Rule 40(1) and Rule 40(5) of the Rules. The Court will proceed to examine the admissibility of the Application starting with the conditions of admissibility that are in dispute. i. Objection on Non -C ompliance with Rule 40(1) of the Rules (Identity of the Applicant) Respondent's Objection 84. The Respondent argues that the original complainants before the Commission did not submit a list of aggrieved members of the Ogiek Community on whose behalf they filed the Communication and did not produce documents authorizing them to represent the Ogiek Community as required by Rule 40 (1) of the Rules. The Respondent also submits that CEMIRIDE has not provided evidence of its Observer Status before the Commission. 85. The Respondent further submits that the original complainants before the Commission have not demonstrated that they are victims of an alleged violation as has been established by the Commission's jurisprudence. 23

Select target paragraph3