The Court composed of: Sophia A.B. AKUFFO, President; Fatsah OUGUERGOUZ, Vice President; Bernard M. NGOEPE, Gerard NIYUNGEKO, Augustine S. L. RAMADHANI , Duncan TAMBALA , Elsie N. THOMPSON , Sylvain ORE, El Hadji GUISSE and Kimelabalou ABA Judges; and Robert ENO - Registrar, In the matter of: AFRICAN COMMISS ION ON HUMAN AND PEOPLES' RIGHTS v. THE REPUBLIC OF KENYA Whereas, 1. The Court received, on the 121h of July 2012, an application by the African Commission on Human and Peoples' Rights (hereinafter referred to as 'the Applicant'), instituting proceedings against the Republic of Kenya (hereinafter referred to as 'the Respondent'), for alleged serious and massive violations of human rights guaranteed under the African Charter on Human and Peoples' Rights (hereinafter referred to as 'the Charter'); 2. The application is brought in terms of Article 5(1 )(a) 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 Protocol'); 3. The Applicant, in its application , submits that, on 14 November 2009, it received , against the Respondent, a complaint, on behalf of the Ogiek Community of the Mau Forest asserting that: - They are an indigenous minority ethnic group comprising about 20,000 members, about 15,000 of whom inhabit the greater Mau Forest complex, a land area of about 400,000 hectares, straddling about seven administrative districts, ~~,.. 2 4 ~ ~(Cr ~

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