000805 i. Objection on non- exhaustion of local remedies 35.The Respondent State avers that the Application does not comply with the admissibility condition prescribed under Article 56(5) of the Charter and Rule 40(5) of the Rules. 36.|t submits that it has enacted the Basic Rights and Duties Enforcement Act, to provide the procedure for the enforcement of constitutional and basic rights as set out in Section 4 thereof.s 3T.According to the Respondent State, the right to a fair hearing is provided for under Article 13(6)(a) of the Constitution of Tanzania of 1977, noting that though the Applicant is contesting that his right under the Constitution has been violated; he did not refer the violation to the High Court during the trial as required under Section 9 (1) of the Basic Rights and Duties Enforcement Act.7 38.The Respondent State avers that the Applicant's failure to refer the violations of his rights to the High Court or to raise them during appeal, denied it the chance to redress the alleged violation at the domestic level. 39. Citing the African Commission on Human and Peoples' Rights in Communication No. 2ffin002 - Kenyan Secfion of the lnternational Commission of Jurist, Law Society, Kituo Cha Sheria v. Kenya (2004), lhe "lf anybody alleges that any of the provisions of Section 12 lo 29 of the Constitution has been, is being, or is likely to be contravened in relation to him, he may, without prejudice to any other action with respect 6 to the same matter that is lawfully available, apply to the High Court for redress." T "Where in any proceedings in a subordinate court, any question arises as to the contravention of any of the provisions of Sections 12lo 29 of the Constitution, the presiding Magishate shall, unless the parties to the proceedings agree to the contrary or the Magiskate is of the opinion that the raising of the question is merely frivolous or vexatious, refer the question to the High Court for decision; save that if the question arises before a Primary Court, the Magistrate shall refer the question to the court of a resident magistrate which shall determine whether or not there exists a mafter for reference to the High Court." 10 o r)- @-