attached to the communication to confirm their authorization to the author to
present the case on their behalf. CEMIRIDE therefore lacks locus standi to
make the application.
ii.
There is lack of information regarding CEMIRIDE’s representatives, thus
making
the
communication
frivolous,
vexatious
and
an
abuse
of
process and therefore inadmissible.
iii.
CEMIRIDE has not demonstrated that it is not a busy body.
iv.
There is no evidence of CEMIRIDE having Observer Status before the
Commission
v.
CEMIRIDE being a nationally registered NGO lacks locus to bring
international claims.
b) Non-Exhaustion of Local Remedies
CEMIRIDE has not demonstrated that it has moved the Kenyan courts for any
remedy. It should have exhausted the Court process in Kenya which is a
process that can be accessed without impediment. In addition, it should have
sought administrative and quasi-judicial remedies, specifically from the Kenya
National Commission on Human Rights.
c) Res judicata and reopening of cases
CEMIRIDE should have sought the reopening of a case, Kimei & 9 Others v The
Attorney General whose subject matter is the same as that in respect of which
the communication was filed before claiming a violation of Article 7 of the
Charter.
d) Location of the subject matter of the dispute
i.
The Respondent contends that the eviction notice issued in October 2009
targeted a specific area of the Mau, yet the communication claims that the