~--------------------------------------~--~----------- "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 ~ ~10

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