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25. On 23 June 2003, the Secretariat wrote a letter to Cynthia Morel of Minority Rights Group
International, who is assisting the Centre for Minority Rights Development, acknowledging her
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communication and informed her that the complaint would be presented to the upcoming 34 Ordinary
Session of the African Commission.
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26. A copy of the complaint, dated 28 August 2003, was sent to the Secretariat on 29 August
2003.
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27. At its 34 Ordinary Session held in Banjul, The Gambia, from 6 to 20 November 2003, the
African Commission examined the complaint and decided to be seized thereof.
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28. On 10 December 2003, the Secretariat wrote to the parties informing them of this decision and
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further requesting them to forward their written submissions on admissibility before the 35 Ordinary
Session.
29. As the Complainants had already sent their submissions, when the communication was being
sent to the Secretariat, the Secretariat wrote a reminder to the Respondent State to forward its written
submissions on admissibility.
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30. By a letter of 14 April 2004, the Complainants requested the African Commission on Human and
Peoples’ Rights (the African Commission) to be allowed to present their oral submissions on the
matter at the Session.
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31. On 29 April 2004, the Secretariat sent a reminder to the Respondent State to forward its written
submissions on admissibility of the communication.
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32. At its 35 Ordinary Session held in Banjul, The Gambia, from 21 May to 4 June 2004, the
African Commission examined the complaint and decided to defer its decision on admissibility to the
next session. The African Commission also decided to issue an Urgent Appeal to the Government of
the Republic of Kenya, requesting it to stay any action or measure by the State in respect of the
subject matter of this communication, pending the decision of the African Commission, which was
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forwarded on 9 August 2004.
33. At the same Session, a copy of the complaint was handed over to the delegation of the
Respondent State.
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34. On 17 June 2004, the Secretariat wrote to both parties informing them of this decision and
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requesting the Respondent State to forward its submissions on admissibility before the 36 Ordinary
Session.
35. A copy of the same communication was forwarded to the Respondent State’s High Commission
in Addis Ababa, Ethiopia on 22 June 2004.
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36. On 24 June 2004, the Kenyan High Commission in Addis Ababa, Ethiopia, informed the
Secretariat that it had conveyed the African Commission’s communication to the Ministry of Foreign
Affairs of Kenya.
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37. The Secretariat sent a similar reminder to the Respondent State on 7 September 2004,
requesting it to forward its written submissions on the admissibility of the communication before the
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36 Ordinary Session.
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38. During the 36 Ordinary Session held in Dakar, Senegal, from 23 November to 7 December
2004, the Secretariat received a hand-written request from the Respondent State for a postponement
of the matter to the next Session. At the same Session, the African Commission deferred the case to
the next session to allow the Respondent State more time to forward its submissions on admissibility.
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39. On 23 December 2004, the Secretariat wrote to the Respondent State informing it of this
decision and requesting it to forward its submissions on admissibility as soon as possible.
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40. Similar reminders were sent out to the Respondent State on 2 February and 4 April 2005.
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41. At its 37 Ordinary Session held in Banjul, The Gambia, from 27 April to 11 May 2005, the
African Commission considered this communication and declared it admissible after the Respondent
State had failed to cooperate with the African Commission on the admissibility procedure despite
numerous letters and reminders of its obligations under the Charter.
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42. On 7 May 2005, the Secretariat wrote to the parties to inform them of this decision and
requested them to forward their arguments on the merits.