.000903
99.
ln light of the circumstances of this case and based on the determination made
earlier with respect to the violation of the Applicant's right to dignity, the Court is
of the view that the anal search that he was subjected to constitutes a violation
of his right to the integrity of his person. The Court therefore finds the Respondent
State in violation of Article 4 of the Charter.
c.
Alleged violation of the right to be tried within a reasonable time
100. The Applicant alleges that for him to have waited almost seven (7) years before
the High Court delivered its judgment in Civil Case No. 118 of 2007, violated his
right to be tried within a reasonable time. lt is the Applicant's contention that, "this
undue prolongation of the trial further increased the prejudice he was originally
seeking redress for", which is a "lowered reputation with devastating effects on
his personal and professional life".
101. The Respondent State challenges the Applicant's claim and avers that the delay
in completing the case was caused by him. lt submits that after filing the case in
september 2007, in August 2010, the Appticant amended the ptaint to join the
Ministry of Home Affairs and Attorney General, and this resulted in the case
commencing again in September 2010. The Respondent State further submits
that after completion of the filing of the pleadings thereafter, the matter went
through mediation as required by the Civil Procedure Code before the hearing
began.
102. The Respondent State also avers that the Applicant severally requested for the
recusal of the judges handling the matter, which led to the case being referred to
the judge in charge for re-assignment and consequently resulted in further
delays. By the Respondent state's calculation, the completion of the case
actually lasted only three (3) years and three (3) months and the Applicant's
actions account for the delay amounting to the remaining part of the period of
seven (7) years.
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