22. On 06 January 2016 a second copy of the same submissions by the Complainant on
admissibility reached the Commission, of which the Secretariat acknowledged receipt
on 8 March 2016.
23.On 08 March
2016 by Ref: ACHPR/COM/524/15/KEN/387/16
the Secretariat
transmitted the Complainant's submissions on admissibility to the Respondent State
for the second time. The submissions were received by the Respondent State on 21
March 2016 according to DHL tracking records.
24,On 18 May 2016 by Note Verbale Ref: ACHPR/GOM/524/15/KEN/1007/16 and
letter Ref; ACHPR/COM/524/15/KEN/1006/16 the Secretariat informed the Parties
that the Communication was deferred during the 58 Ordinary Session of the
Commission.
a
25.On 21 July 2016 by letter Ref: ACHPR/COM,
Verbale Ref: ACHPR/COM/524/15/KEN/138
524/15/KEN/1386/16 and Note
the Seeretariat in
Parties that the Respondent State would be granted an extension,
of thirty (30) days
within which to submit their overdue submissions on admissibility.
26. On 22 November 2016 by letter Ref: ACHPR/COM/524/15/KEN/ 1836/16 and Note
Verbale Ref: ACHPR/COM/524/45/KEN/1837/16 the Secretariat informed the
Parties that the deadline for submissions by the Respondent State was 25 August 2016
and that the Commission will proceed to decide on admissibility based on
information received. within the timelines'stipulated.
tion of the admissibility ofthe Communication was subsequently deferred
until the
present23"4 Extra-Ordinary Session of the Commission.
Admissibility
The Complainant's Submissions on Admissibility
28.The Complainant submits that in Jawara vs. The Gambia, the Commission
formulated three major criteria for admission of Communications for hearing on
merit;
that is the
local
remedy
must
be available,
effective
and
sufficient.
The
Complainant further submits that a remedy is considered available if the petitioner
can pursue it without impediment and is sufficient if it is capable of redressing the
complaint.