6. On the 13th of July 2012 , the Registry acknowledged
receipt of the
application, in accordance with Rule 34(1) of the Rules of
Court; and
on the 251h of September 2012 , the Registry forwarded copie
s of the
application to the Respondent, in accordance with Rule
35(2)(a) of
the Rules of Court, and invited it to indicate, within thirty
(30) days of
receipt of the application, the names and addresse
s of its
representatives, in accordance with Rule 35(4 )(a), and
further, the
Registry invited the Respondent to respond to the applicatio
n within
sixty (60) days , in accordance with Rule 37 of the Rules:
7. By letter dated the 25th of September 2012 , the Registry
informed the
Chairperson of the African Union Commission, and throu
gh him, the
Executive Council of the African Union, and all the
other States
Parties to the Protocol, of the filing of the application, in
accordance
with Rule 35(3) of the Rules;
8. In the application , the Applicant did not request the
Court to order
provisional measures; and, in view of an Order of the High
Court of
Kenya of 15 October 1997 in case number 635 of 1997
and the
Provisional Measures issued by the Applicant on 23 Nove
mber 2009 ,
which are still in force , the Court decided at its 26th Ordinary
Session
held from 17-2 8 September 2012 , not to order further
provisional
measures suo motu .
9. On 31 December 2012 , the Registry rece ived from
the Appl icant a
request for prov isional measures in the matter, the rece
ipt of which
was acknowledged by the Registry's letter to the Applicant
, dated 2
January 2013 wherein the Applicant was advised that
the request
would be submitted to the Court for consideration during
its upcoming
28th Ordinary Session scheduled for 4-15 March 2013 .
10.
In support of the request, the Applicant alleges that, by its
letter
dated 9 November 2012 and addressed to the Nakuru
District Land
Registrar , the Respondent has lifted the restriction
s on land
transactions for all parcels of land measuring five acres or
less within
the Mau Forest Complex , and this act has great potential
to cause
further irreparable damage to Ogieks and will serve to
~~ perpetuate
and expand the prejudice that is subject" of the Appl
icant's main
application. Pending resolution of its application, there
fore, the
Applicant prays the Court to order that the Responde
nt should
4
~\~~
)!
'Y 0 ~
~ "'
~