The State notes that the Act makes provisions for visitors' entry permits and/ or temporary residence permits to be issued to foreign ' trafficking in persons' victims, in addition to exonerating foreign victims from contraventions of the Immigration Control Act. 55. The Respondent State submits that a criminal investigation into the matter commenced immediately, Reference 01/ 10/ 2017, and that a criminal case (Reference CR 252/02/2020) has been opened after evidence establishing a prima Jacie case was collected. 56. Regarding Article 56(5), the Respondent State refers to the Commission's jurisprudence in Haregewoin A. GabreSelassie & IHRDA v. Ethiopia, w hich states that "another rationale for the exhaustion requirement is that a government sh ould have notice of human rights violation in order to have the opp ortunity to remedy such violation, before being called to account by an international tribunal." The Respondent State unequivocally refutes that it was give n otice and an opportunity or ample time to respond to the alleged claims. 57. The Respondent State submits that, even though the Complainant obtained legal counsel in Namibia and consequently in Ken ya, the Complainant never actually sought legal recourse in the Republic of Namibia. The State submits that it was not given ample notice of the alleged violations, nor given the opportunity to remedy it, because no legal action was ever instituted against anybody or any institution. 58. The Respondent State notes that the Commission held, in Desmond Nunugwo v. Federal Republic of Nigeria, that whereas the State had clearly failed to investigate, the Commission should in addition be satisfied that the Complainants exhausted all local remedies available to vindicate their rights through the national judicial processes. The fact that the State knew or sh ould have known of the violation is not enou gh to relieve the Complainants of fulfilling this requirement. Local remedies in this regard sh ould be exhausted in respect of the alleged rights violations which are brought before the Commission. Thus, it should be d etermined w .., are any judicial remedies at domestic level which could have b n pur-su~•◄ the Complainants to compel the State and its responsible authori}:¥~ (.,s t al<e .,,.,s. t~ . to undertake the requisite investigation and facilitate access j_p tic~, ff)J i:tli rt' ts allegedly violated. ! ✓• ~ ~ f '!l .- Ci, •U.IJ ~ ~- 'if'. P 59. The Respondent State submits that the Victim has failed to indi b that n ~suc ~ eps were taken, n either indicate that local courts were approach: j ~.., 11

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