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"It was the responsibility of the Courts of the Respondent to provide the
Applicant with the Court record he required to pursue his appeal. Failure to do
so and then maintain that the delay in the hearing of the Applicant's appeal was
the Applicant's fault is unacceptable.... , the Applicant made several attempts
to obtain the relevant records of proceedings but the judicial authorities unduly
delayed in providing him with these records."24
119.
The Court notes that in Alex Thomas v Tanzania, the delay was related
to the provision of court records to pursue an appeal. In contrast, in this instant
case, the delay relates to the provision of copies of judgments to enable the
Applicants to pursue an application for review. The Court considers that the
principle laid down in Alex Thomas v. Tanzania equally applies in this case in
that the right of Applicants to pursue possible redress available in the domestic
system was affected by the delay in providing them with copies ofthe judgment.
120. The Court accordingly considers that the failure of the Respondent to provide
the Applicants with copies of the judgment of the Court of Appeal for almost two
years, without adducing any justification, is an inordinate delay. The Court also
holds that the delay certainly affected the right of the Applicants to request for
review within the time specified under the domestic law.
121. In view of the above, the Court finds that the unjustified delay of two years to
deliver the copies of the judgment to the Applicants violated their right to be
heard under Article 7 (1) of the Charter.
B) Allegations relating to arbitrary arrest contrary to article 6 of the Charter
122. Under article 6 of the Charter, the Applicants invoke the responsibility of the
Respondent for the violation of their right to liberty as a result of their alleged
arbitrary arrest in the Republic of Kenya before their extradition and their rearrest by Tanzanian authorities after they were acquitted of criminal charges by
the Magistrate's Court.
24 Alex Thomas Case, para. 109. It is within this general spirit that the African Commission on Human
ie::t.
and Peoples' Rights also stated that "All decisions of jUdicial bodies must be published and available
to everyone", a fortiori, to the Parties of a case Wh~2have a much stake in the
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