specified
under
unrepresented.
Court
the
finds that
aid.
Sentences
Act
and
his
being
Having considered all the above circumstances, the
it was
Appellate Judges
legal
Minimum
incumbent
upon
the trial magistrate
to ensure that, the Applicant was
Therefore
the
Respondent
failed
and
provided with
to comply
with
its
obligations under the Charter and the ICCPR to provide the Applicant
with
legal
representation
in respect
of the
trial and
subsequent
appeals.
lV.
The
alleged
Criminal
Manifest
Case
Errors
Number
321
at Trial with
of
1996
Regard
and _
to
their
subsequent consideration by the High Court and Court
of Appeal
125.
The Applicant contends that there were grave inconsistencies
between
the Charge
Sheet and the evidence of the Prosecution
Witnesses which adversely affected his right to a fair hearing at the
trial and Appellate Courts. These inconsistencies related to:
i.
Attribution of ownership of stolen items: The Charge Sheet
stated that the stolen goods belonged to Mr. Elimani Maleko
while in evidence, Prosecution Witness
1, Mr. William Mika,
stated that the stolen goods belonged to him.
li. Description of items stolen: The Charge Sheet describes
the stolen items as "clutch covers" while Prosecution Witness
1, Mr Mika describes them as "clutch plates" andProsecution
Witness 2, Mr. Fredrick Martin Minja, describes them as "clutch
facings."
\
be
49
ee
SM
eC