0004e e
been sent through a letter dated 7 November, 2003 and therefore the Applicant
should follow up with the High Court at Mwanza to get these records.
61.
There is evidence that the Applicant sought the intervention of the Respondent
State's Commission on Human Rights and Good Governance in this regard, on
Criminal Case No.244 of 1995, through his letter dated 28 December 2011. By
its letter dated 3 July 2013, the Commission advised the Applicant that by a letter
dated 11 May 2012, the District Registrar of the High Court at Mwanza informed
the Commission that despite a lengthy follow-up on the matter, the records of
proceedings of the Applicant's cases heard at the District Court of Bunda could
not be traced.
62.
Besides, the record before this Court further attests to the fact that the Applicant
wrote to the Presiding Judge of the High Court at Mwanza to follow up on the
records of proceedings, particularly by his letters dated, 14 October 2005, 18
March 2005, 28 June 2005, 2 September 2005, 4 December 2005, 8 January
2006, 2 April 2007,24 July 2007,10 September 2007,7 December2007,9 March
2008, 15 June 2008, 30 September 2008, 29 December 2008, 12 April 2OO9, 24
August 2009, 6 December 2009, 7 April 2010,2 September 2010, 14 January
2011,15 August 2011,18 December 2011 , 12 September 2014,24 January 2015
and 9 April, 2015.
63.
ln his letter dated 28 March 2015 addressed to the Presiding Judge of the High
Court at Mwanza the Applicant indicates that his appeals were never mentioned
because the records of proceedings and judgment were still being sought, yet the
Magistrate in Charge of the District Court of Bunda had advised him that he was
waiting for the records to be returned from the High Court where they had been
sent.
64.
Finally, the Applicant filed a petition at the High Court seeking leave to file his
appeal without the records
of
proceedings but this petition was dismissed
L6
Qf
s
X