00 0 295
includes the right to be provided with free legal assistance in circumstances where
the interest of justice so require.lo
67.1n
the instant Application, the Applicant makes a mere allegation, without
substantiation, that the Respondent State violated his right to defencg The Court
notes from the record that the Applicant had defence counsel at the trial and
appellate levels and also that, he was able to testify and
iall witnesses in his
defence. As observed above, the Court of Appeal also addressed all his grounds
of appeal, as submitted by his counsel.
68.|n view of the above, the Court dismisses the Applicant's allegation that the
Respondent State has violated his right to defence under Article 7 (1) (c) of the
Charter.
B. Alleged violation of the right to equality before the law and equal
protection of the law
69. ln his Application, the Applicant claims that the Respondent State has violaled his
rights enshrined under Article 3(1) and (2) of the Charter by convicting him on the
basis of contradictory and "incriminating" evidence.
70.The Respondent State contests the Applicant's claim and prays the Court to
declare that it has not violated Article 3 (1) and (2) of the Charter.
71.The Court notes that Article 3 of the Charter guarantees the right
to
equal
protection of the law and to equality before the law as follows:
"1. Every individual shall be equal before the law.
2. Every individual shall be entitled to equal protection of the law"
r0 Alex Thomas
v Tanzania (Merits), S 114; see also Kijiji lsiaga v Tanzania (Merits), $72, Kennedy Owino
Onyachi and Another v Tanzama (Merits), $ 104.
18
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