I. THE PARTIES 1. Th e Applicant is the African Commission on Human and Peoples' Rights (hereinafter referred to as "the Applicant" or "the Commission") . The App licant filed this Application pursuant to Article 5 (1) (a) of the Protocol. 2. The Respondent is the Republic of Kenya (hereinafter referred to as "the Respondent"). The Respondent became a Party to the African Charter on Human and Peoples' Rights (hereinafter referred to as "the Charter") on 25 July 2000, to the Protocol on 4 February 2004, and to both the International Covenant on Civil and Political Rights (hereinafter referred to as "the ICCPR") and the International Covenant on Economic, Social and Cultural Rights (hereinafter referred to as "the ICESCR") on 23 March 1976. II. SUBJECT MATTER OF THE APPLICATION 3. On 14 November 2009, the Commission received a Communication from the Centre for Minority Rights Develo_pm ent (CEMIRIDE) joined by Minority Rights Group International (MRGI), both acting on behalf of the Ogiek Community of the Mau Forest. The Communication concerned the eviction notice issued by th e Kenya Forestry Service in October 2009 , which required th e Ogiek Community and other settlers of the Mau Forest to leave the area within 30 days. 4. On 23 November 2 009 , the Commission, citing the far- reac hing implications on the political , social and economic survival of th e Ogiek Community and its pote ntial ir reparab le harm if the eviction notice was carried out, issued an Ord e r for Provisional Measures requesting the Respondent to suspend impl e mentation of the eviction notice. 5. On 12 July 2012, following the lack of response from the Respondent, the Commission seised this Court with the present Application pursuant to Article 5(1) (a) of the Protocol. 2