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the actual appearance of the accused for the purposes of proper administration of
justice. The Court, consequently, notes that the restriction on liberty is underpinned
by legitimate objectives.
67.The Court also notes that the restriction is necessary and appropriate to ensure
the reality of the aim pursued without compromising the ideal of liberty and
personal security provided under Article 6 of the Charter. ln circumstances such
as those set out in Section 148 (5) (a) (i) of the Criminal Procedure Act, pre-trial
detention is undoubtedly the necessary restriction for attainment of the desired
objective.
68.The Court finds, in conclusion, that the Applicant's detention pending trial was not
without reasonable grounds and that the refusal to grant him bail does not
constitute a violation of his right to liberty. Article 6 of the Charter has therefore not
been violated.
B. Alleged violation of the right to equal protection of the law and equality
before the Law
69.
The Applicant submits that the refusal to grant him bail is discriminatory, thus
violating his right to equality before the law and equal protection of the law as
provided under Article 3(2) of the Charter.
70. The Respondent State has not responded to this allegation
***
71
.
The Court recalls that the right to equality before the law requires that all persons
shall be equal before the courts and tribunals.ll lt holds however that to claim
discrimination or unequal protection of the law, the Applicant must adduce
ll Application No. 032/2015. Judgment of 211312018, Kij'rji tsiaga
v. tJnited Repubtic of Tanzania. para.
85.
L7
s
F