39. Article 56(2) of the African Charter states that “Communications…received by the Commission shall be considered if they are compatible with the Charter of the Organization of African Unity or with the present Charter.” The Commission in Kevin Mgwanga Gunme et al v Cameroon previously interpreted this provision to require that the Communication: be brought against a State party to the African Charter; allege prima facie violations of rights protected by the African Charter; be brought in respect of violations that occurred after [the] State’s ratification of the African Charter, or where violations began before the State Party ratified the African Charter, have continued even after such ratification. 11In the present case, the communication is against the Republic of Kenya which is a State Party to the Charter;12 alleges violation of Articles 1, 2, 5, 6, 7, 12 and 18 of the Charter, which allegations occurred after 1992 when Kenya ratified the Charter. It follows that the Complainants have satisfied Article 56(2) of the Charter. Article 56 (3) 40. Article 56(3) of the African Charter states that “Communications …received by the Commission shall be considered if they are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity (AU)”. In Zimbabwe Lawyers for Human Rights & Associated Newspapers of Zimbabwe v Republic of Zimbabwe, the Commission held that “in determining whether a certain remark is disparaging or insulting and whether it has dampened the integrity of the judiciary, the Commission has to satisfy itself whether the said remark or language is aimed at unlawfully and intentionally violating the dignity, reputation or integrity of a judicial officer or body and whether it is used in a manner calculated to pollute the minds of the public or any reasonable man to cast aspersions on and weaken public confidence on the administration of justice.”13 Having analyzed the submissions of the Complainants, the Commission has not come across any language that appears to be aimed at unduly impairing the esteem of either the Respondent State or the African Union. In light of the foregoing the Commission finds that Article 56(3) has been complied with. Article 56 (4) 11 Communication 266/03, 27 May 2009, para 71 The Republic of Kenya ratified the African Charter on 23 January 1992 13 Communication 284/03, 3 April 2009, para 91. 12 11