The Court composed of: Sylvain ORE, President, Gerard NIYUNGEKO, Augustine S.L. RAMADHANI, Duncan TAMBALA, Elsie N. THOMPSON, El Hadji GUISSE, Rafaa Ben ACHOUR, Solomy B. BOSSA, Angelo V. MATUSSE: Judges; and Robert ENO, Registrar. In accordance with Article 22 of the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights (hereinafter referred to as "the Protoco l") and Rule 8 (2) of the Rules of Court (hereinafter referred to as "the Rules"), Justice Ben KIOKO, Vice President and a national of Kenya, did not hear the Application . In the Matter of" African Commission on Human and Peoples' Rights represented by: 1. Hon. Professor Pacifique MANIRAKIZA Commissionner 2. Mr. Bahame Tom NYANDUGA Counsel 3. Mr. Donald DEYA Counsel 4. Mr. Selemani KINYUNYU Counsel v. Republic of Kenya represented by 1. Ms. Muthoni KIMANI Senior Deputy Solicitor General 2. Mr. Emmanuel BITTA Principal Litigation Counsel 3. Mr. Peter NGUMI Litigation Counsel After deliberation, delivers the following judgment: 1