27. In a letter dated 12 August 2013, the Applicants informed the Court that, for four months since the Court of Appeal's directive of 19 March 2013, they had not heard from their counsel, Mr. Loomu Ojare, from Arusha. 28. On 27 August 2013, the Registry sought clarification from the Applicants on whether their counsel was appointed by the Respondent, and whether they had instructed counsel to set their matter down for hearing by the High Court as directed by the Court of Appeal or whether they themselves had requested the High Court to rehear their case In accordance with the order of the Court of Appeal. 29. On 26 September 2013 , the Applicants informed the Court that their counsel was hired by their relatives. They further stated that in an effort to push the matter before the High Court, they wrote and attempted to communicate with their counsel in vain, so they wrote a letter to the High Court on 16 August 2013, requesting it to set a date for the hearing of their matter as ordered by the Court of Appeal but that letter has not been responded to. 30. On 12 December 2013, in conformity with Rule 35 (2) (a) of the Rules, the Registrar served the Application on the Respondent and invited it to indicate the names and addresses of its representatives within 30 days and respond to the Application within 60 days, from the date of receipt of the notification. On the same date, the Chairperson of the African Union Commission and through the latter, the Executive Council of the African Union and all States Parties to the Protocol, were notified of the Application, in conformity with Rule 35 (3) of the Rules. 31 . The Respondent filed its Response to the Application on 26 February 2014. 32 . On 31 March 2014, the Applicants replied to the Respondent's Response. 33. On 8 April 2014, the Registry, in conformity with Rule 35 (2) (b) of the Rules, transmitted the Application to the Republic of Kenya, being the State Party whose 11

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