000498
because, according to that court, allowing it would have been inappropriate since
it would have meant that the appellate Court would have considered the appeal
without having the records and judgments of the trial Court that were to be
appealed.
65.
The Court therefore finds that by failing to provide the Applicant with certified true
copies of the records of proceedings and judgments in Criminal Case No. 244 of
1995 and Criminal Case No. 278 of 1995 heard at the District Court of Bunda, the
Respondent State has violated the Applicant's right to appeal as provided under
Article 7(1) (a) of the Charter.
B
Alleged violation of the right to equality before the law and equal protection
of the law
66.
The Applicant alleges that failure of the Respondent State to provide him with the
record of proceedings and the judgments constitutes an administrative omission
and a violation of his right to equality before the law and equal protection of the
law as provided for in Article 3(1) and 3(2) of the Charter.
67. The Respondent
State disputes this and reiterates that the Applicant had the
opportunity to file a constitutional petition which was a remedy that was readily
available to him just as it is available to everyone and ensuring equality before
the law and equal protection of the law.
**
68.
The Court notes that Article 3 of the Charter guarantees the right to equality
before the law and equal protection of the law in the following terms:
"1.
2.
Every individual shall be equal before the law
Every individual shall be entitled to equal protection of the law."
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