0008?
I
dismissed on 21 June 2009 and before the Court of Appeal of Tanzania, the highest
judicial organ of the Respondent State, which upheld the judgments of the High Court
and the District Court on 14 April 2O11.ln addition to pursuing the ordinary judicial
remedies, the Applicants have also, albeit unsuccessfully, attempted to use the review
procedure at the Court of Appeal. The Respondent State had therefore the opportunity
to redress their violations.
37. Regarding those allegations that have been raised before this Court for the first time,
namely, the illegality of the sentence imposed on the Applicants and the denial of free
legal assistance, the Court observes that the alleged violations occurred in the course
of the domestic judicial proceedings. They accordingly form part of the "bundle of
rights and guarantees" that were related to or were the basis of their appeals, which
the domestic authorities had ample opportunity to redress even though the Applicants
did not raise them explicitly.6 lt would be unreasonable to require the Applicants to
lodge a new application before the domestic courts to seek relief for these claims.T
The Applicants should thus be deemed to have exhausted local remedies with respect
to these allegations.
38.1n light of the foregoing, the Court dismisses the Respondent State's objection relating
to the requirement of exhaustion of local remedies.
ii.
Objection relating to failure to file the Application within a
reasonable time
39.The Respondent State contends that the Applicants have not complied with the
requirement under Rule 40(6) of the Rules that an application must be filed before the
Court within a reasonable time after the exhaustion of local remedies. lt asserts that
6
Application No. 003/2015. Judgment ol 281O912017 (Merits), Kennedy Owino Onyanchi and Another
United Republic of Tanzania, (hereinafter refened lo as " Kennedy Owino Onyanchi and Another
v.
v.
Tanzania (Merits)), g 54
7 Alex
Thomas v Tanzania (Merits), ibid, SS 60-65, Kennedy Owino Onyachi and Anotherv tJnited Repubtic
of Tanzania, g 54.
11