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
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