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 copies 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 addresses of its
representatives, in accordance with Rule 35(4)(a), and further, the
Registry invited the Respondent to respond to the application 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 through 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 November 2009,
which are still in force, the Court decided at its 26th Ordinary Session
held from 17-28 September 2012, not to order further provisional
measures suo motu.
9. On 31 December 2012, the Registry received from the Applicant a
request for provisional measures in the matter, the receipt 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.
In support of the request, the Applicant alleges that, by its letter
10.
dated 9 November 2012 and addressed to the Nakuru District Land
Registrar, the Respondent has lifted the restrictions 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 Applicant's main
application. Pending resolution of its application, therefore, the
Applicant prays the Court to order that the Respondent should
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