001363
63.Article 7(1)(d) of the Charter provides that everyone has "the right to be tried
within a reasonable time by an impartial court or tribunal".
64.The Court recalls that, as it has held in its earlier judgments, various factors
come
to bear while assessing whether justice was dispensed within
a
reasonable time in the meaning of Article 7(1)(d) of the charter. These factors
include the complexity of the matter, the behaviour of the parties, and that of
the judicial authorities who bear a duty of due diligence in circumstances where
severe penalties applies.
65. The Court notes that, in
1
o
the instant matter, the review process was completed
on 24 May 2017 as evidenced by a copy on file of a judgment of the Court of
Appeal dismissing the Applicants' application. Given that the said application
was filed on 24 March 2013, the review application had been pending fortwo
(2) years at the time the Applicants brought their case to this Court. However,
it took four (4) years and two (2) months in all for the process to be completed.
The Court is therefore of the view that the latter period of time is to be
considered when assessing reasonableness given that the allegation had
remained unaddressed throughout that span of time.
66.
The main issue for determination is therefore whether the period of four (4)
years and two (2) months that it took the court of Appeal to complete the review
process is reasonable by the above stated factors.
67.
with respect to the complexity of the case, this court notes that, in the instant
matter, the delay challenged by the Applicants was that of a review process.
The said process was therefore subsequent to their trial and sentencing by the
High court, and an assessment of the outcome of that trial by the court of
10
See Armand Gue hi v. Tanzania (Merits and Reparations), SS 122-124. See also Alex Thomas v.
Tanzania (Merits), g 104i Wiffred Onyango Nganyi and Others v. lJnited Republic of Tanzania (Merils)
(2016) I AfCLR 507 , S 155; and Norbeft Zongo and Others v. Burkina Faso (Merits) (20i4) I AfCLR
219, SS 92-97, 152.
19