128. In its Response, the Respondent State asserts that it grants free legal representation to all accused persons liable to capital punishment; that beyond this hypothesis, the grant of legal aid is not compulsory, but is subject to the indigence status of the accused, or is required in the interest of justice. 129. Reverting to the issue of the special circumstances of the matter, the Respondent State indicates that according to the records of the Moshi District Court, the Applicant was represented by a lawyer by the name of Mr. Njau; and that if, subsequently, this lawyer no longer handled the case, it was not for financial reasons, but rather because the Applicant believed that his lawyer wanted “to settle the matter” (sic). 130. The Respondent State further argued that the fact that the Applicant was not represented by an Advocate does not at all mean that he was disadvantaged, since the Criminal Procedure Act allows him to appear in person during administration of evidence, and recognises his right to be informed of his rights as an accused so that he can defend himself. In that score, the Respondent State submits that these are procedural measures afforded an accused to enable him to defend himself, and that the said measures have all been applied, and no exception was made with regard to the Applicant. 131. The Respondent State further maintained that the right to defence is not curtailed when, as was the case in this matter, the accused must remain on remand during his trial, because due conclusion, to the nature of the crime, his release is precluded under the law. In it prayed the Court to dismiss this allegation as utterly baseless and devoid of merit. 132. At the Public Hearing, the representative of the Respondent State also pointed out that the Applicant never requested the assistance of a lawyer and has never raised this issue before the municipal courts. 133. At the same hearing, the representative of the Respondent State argued that legal aid is contingent on the availability of financial 37 resources and the capability of S t77, We me KEE<