180. This Court also notes that legal aid is specifically guaranteed in the legal system of the Respondent State, including the Constitution and other legislation, and that various judgments of the High Court and Court of Appeal have emphasrzed the need for legal aid.21 181 . Given the serious nature of the charges against the Applicants, this Court is of the opinion that the Respondent was under an obligation to provide them with legal aid or at least inform them of their right to legal aid, when it became clear that they were no longer represented. It does not matter whether the case is at pre-trial, trial or appeals stage. The Applicants are entitled to legal aid at all stages of the proceedings. 182. The Court does not accept Respondent's argument that the Applicants did not complain that they were aggrieved by their Advocates departure and required legal assistance . Legal aid is a right and must be enjoyed whether requested by the accused or not. The essence of providing legal aid is to ensure a fair judicial process and avoid the possibility of miscarriage of justice. Where the Applicant is not informed of this right or does not invoke this right, the onus is on the judicial authorities to activate the right. The Applicants were under no obligation to apply for legal aid to the Respondent to provide the same, but the Respondent was under an obligation to ensure they were represented. See Judgment on Application 005 of 2013 Alex Thomas v. United Republic of Tanzania delivered on 20 Novembe r 2015. 183. In light of all the above, the Court concludes that the Applicants were entitled to legal aid and need not have requested for it. The Court notes that even though the Respondent was aware that the Applicants' Counsel had abandoned them, the assisted by legal counsel of his own choosing, and to commumcate freely and privately with his counselj [and] the Inalienable right to be assisted by counsel prov1ded by the state, paid or not as the domestic law provides, If the accused does not defend himself personally or engage his own counsel within the time period established by law " 2 1 [See for example Article 13(6) and 15(2) of Tanzania, Section 310 of the Criminal Procedure Act of Tanzania, Section 3 of the Legal Aid ( Criminal Procedure Act) , the Court of Appeal judgment in Moses Muhagame Laurance v Governme nt of Zanztbar and the High Court Judgment in A/lmasi Kalumbeta v R 1982 TLR 329.