RESPONDENT’S PLEADINGS 7. The Respondent raised preliminary objections to the Applicant’s application on the grounds that: a. The Applicants have not produced any evidence of exhaustion of local remedies or of the inordinate delay thereof as required under Rule 34 and that local remedies have not been exhausted since the Applicants could have applied for ex-parte judicial review orders or conservatory orders which can be issued on the basis of written submissions only. b. Rule 40 requires the Court to conduct a preliminary examination of its competence and the admissibility of the application in accordance with Articles 50 and 56 of the Charter; c. Under Kenyan Law, Applicants may apply for ex-parte judicial review which is not subject to inordinate delay; d. Any aggrieved party may apply to the High Court for appropriate orders under its Constitutional jurisdiction and obtain conservatory orders without any inordinate delay; e. Within Kenya’s adversarial system, the onus of filing and fixing dates for hearing and prosecution of cases rests on the claimants/applicants/petitioners, and there is any procedural inhibitions to expeditious hearing of cases; f. The procedure for seeking relief under judicial review and constitutional jurisdictions of the High Court does not require oral hearings and therefore leads to expeditious determination; g. There is a pending Application before the Commission which is yet to be determined on admissibility and the merits and the Application against the Respondent filed at the Court is contrary to the principle of complementarity between the Commission and the Court.

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