76. On 15 October 2024, the Court issued an order reopening pleadings. The Order was notified to the Respondent State on 17 October 2024 and it was directed to file its observations on the proposal for amicable settlement within 30 days of notification. 77. At the expiry of the aforementioned deadline, the Respondent State did not file any response. The Court finds that by failing to file a response, the Respondent State is unwilling to pursue the avenue of the proposed amicable settlement. 78. The Court stresses in this regard that a key prerequisite for amicable settlement is that the Parties must be willing to pursue the process. Given the failure of the attempt to settle the matter amicably in the instant case, and recalling that under both the Protocol and the Rules, amicable settlement is only an option, the Court considers that the prerequisites for an amicable settlement are not met.12 79. The Court, therefore, dismisses the Applicant’s request for amicable settlement in the present Application. Accordingly, the Court decides to examine the instant Application, having regard to its contentious procedure. VIII. MERITS 80. The Applicant alleges violation of the right to a fair trial, protected under Article 7(1)(a) of the Charter (A) and violation of the right to property, protected by Article 14 of the Charter (B). The Court will examine these allegations sequentially. A. Alleged violation of the right to a fair trial 81. The Court notes that Article 7(1)(a) of the Charter provides : 12 African Commission on Human and Peoples’ Rights v. Republic of Kenya, AfCHPR, Application No. 006/2012, Judgment of 23 June 2022 (reparations), § 32. 17