Practice and Procedures clearly provide for a hearing in judicial review and conservatory or interim orders; 10. On the merits, the Applicant submits that: a. The Applicants before the Commission had locus standi in accordance with the actio popularis doctrine adopted by the Commission in its jurisprudence. In any event, two of the complainants before the Commission are NGOs registered in Kenya, one of which works specifically to promote the rights of the Ogieks; b. The Commission observed the audi alterem partem principle by serving the complaint before it on the Respondent, which made submissions on admissibility, and handed the request for provisional measures it issued to the Respondent’s representative during its 50th Ordinary Session. c. The application before the Court is not pending before the Commission as the entire matter has been referred to the Court in terms of Article 5(1)(a) of the Protocol and Rule 33(1)(a) of the Rules f Court and Rule 118(2) and (3) of the Rules of Procedure of Commission. In any event Article 4(1) of the Protocol and Rule 123 of the Commission’s Rules of Procedure preclude the two institutions considering the same matter simultaneously. d. While the Commission could have drawn the matter to the attention of the Assembly of Heads of State in terms of Article 58 of the Charter, it was not obliged to do so, as it had the discretion to refer the matter to the Court in accordance with the complementary protective mandate of the two institutions prescribed in Article 2 of the Protocol. e. And finally, while the new Constitution of Kenya recognizes communal ownership of land; guarantees the right to culture and the right to practice religion; and imposes an obligation on the State to enact legislation that ensures compensation and royalties for the Ogieks’ culture and heritage, this remains a potential remedy as the necessary legislative, regulatory and institutional framework has not yet been put in place. In any event the violations arose under the old constitution and in a time frame which renders the new constitutional provisions irrelevant and renders it incapable of providing redress to the Ogieks.