Rule 105(2) of the Rules of Procedure 2010, under which Communication was instituted, no response has been received. 37. this In such cases, the Commission has held that in the absence of a substantive response from the Respondent State, it must decide on the facts provided by the Complainant. This is in accordance with the practice of the Commission as articulated in Institute for Human Rights and Development in Africa v. Republic of Angola, Communication 155/96- Social and Economic Rights Action Center for Economic and Social Rights v. Federal Republic of Nigeria6 and several other communications ,where the Commission re-affirmed its position by holding that" ... it would proceed to consider Communications on the basis of the submission of the Complainants and information at its disposal, even if the Respondent State fails to submit." Accordingly, the Commission undertakes the following analysis on admissibility, on the basis of the available arguments and facts of the Complainant's submission on admissibility. Analysis of the Commission on Admissibility 38. The Commission recalls that Article 56 of the African Charter governs the admissibility of Communications and sets out seven (7) requirements based on which the Commission assesses the admissibility of Communications submitted before it. For a Communication to be deemed admissible by the Commission, it must meet the (7) requirements which apply conjunctively and cumulatively. 39. Inrelation to the requirement in Article 56(1) of the African Charter, which provides that 'Communications should indicate their authors even if the latter requests anonumitv', the Commission notes that the Communications identify the author and address of the Complainant. Accordingly, the Commission finds that the Communication satisfies Article 56(1) of the African Charter. 40. With respect to Article 56(2) of the African Charter which states that ,Communications ... received by the Commission shall be considered if they are compatible with the Charter of the Organisation of African Unity or with the present Charter', the Communications are brought against the Republic of Kenya, a State Party which ratified the African Charter on 23 January 1992. The Communications allege violations of the rights contained in the African Charter, in particular, rights guaranteed under 2, 3, 4, 5,7,8, 13, 14, 15, 16, 17,18,19,22 and 24 of the African Charter. Given that the Co 'cations ...... ~UMA".q '" v 1 "It] Communication 155/96- Social and Economic Rights Action Center, Center fo ~bn68t1c ~tr SO ~ Rights v. Federal Republic of Nigeria. Also see Communication 292/04 - Ins' ... for.H~Right% and Development in Africa v. Republic of Angola, para. 34 and Communicat1Qn 159/911 Unipn 'futer'O Africaine des Droits de I'Homme, Federation Internationale des Ugues d~ ~r its tie l:,Homme, , Rencontre Africaine des Droits de l'Homme, Organisation Nationale des Droits ~del'l-lomme auSenegal and Association Malienne des Droits de l'Homme v. Republic of Angola. ':'.1' 6 k c, Q\ 4"'Rrcp.\t~t. ""..:.~~ ~' .. 8

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