000503
43.
Having failed to get the records of proceedings and judgments for the two criminal
cases, the Applicant filed Miscellaneous Criminal Application No. 6 of 2014 at the
High Court at Mwanza on the basis of the right to equality before the law provided
for in the Respondent State's Constitution, seeking to be allowed to file the
appeals without the certified true copies of the records of proceedings and of
judgments. This application was dismissed on 21 September 2015 for lack of
merit. ln the obiter dictum, the High Court observed that the Deputy Registrar of
the High Court should ensure that all efforts are made to provide the Applicant
with the records and judgments to facilitate the filing of his appeals but the
instruction in the said obiter dictum was not followed.
44.
Consequently, despite the Applicant having filed the notices of appea! indicating
his intention to appeal, he could not pursue his appeals for lack of the certified
true copies of the records of proceedings and judgments. ln this regard, the Court
recalls its position that, for remedies to be considered available, it is not enough
that they should be established in the domestic system but also that individuals
should be able to use them without any hindrance.3
45.
Accordingly, in the instant case, the Court concludes that the Applicant was
impeded from pursuing the local remedies as a result of the Respondent State's
failure to provide him with the certified true copies of the records of proceedings
and judgments.
46.
With regard to the Respondent State's contention that the Applicant could have
filed a constitutional petition regarding the violation of his rights, the Court has
already stated that this remedy
in the Tanzanian judicial system is
an
extraordinary remedy that the Applicant is not required to exhaust prior to seizing
this Court.a Notwithstanding this, the Applicant filed
3
a
petition under the
NorbertZongov Burkina Faso Judgment, op.cit, $ 68;Application No. 00112014. Judgment of 1811112016,
Action Pour La Protection Des Droifs De L'Homme v. Cote d'lvoire,
4
SS 94
- 106.
Alex Thomas v Tanzama Judgment, op.cit, SS 60 - 62; Application No.007/2013. Judgment of 03/06/2016,
Mohamed Abubakari v United Republic of Tanzania ftereinafter referred lo as "Mohamed Abubakari v
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