before his incarceration but, as a starting point, his liberty can be restored
as the second-best measure given the circumstances.
*
139. The Respondent State submits that this Court is not vested with jurisdiction
to order the Applicant’s release from prison.
***
140. The Court recalls its previous jurisprudence that an order can only be made
in specific and compelling circumstances such as “if an Applicant sufficiently
demonstrates or the Court by itself establishes from its findings that the
Applicant’s arrest or conviction is based entirely on arbitrary considerations
and his continued imprisonment would occasion a miscarriage of justice.”42
141. In the present case, without minimizing the gravity of the violations
established, the Court finds that the violations did not manifestly affect the
processes which led to the conviction and sentencing of the Applicant to the
extent that he would have been in a different position had the said violations
not occurred. Furthermore, the Applicant did not sufficiently demonstrate,
nor did the Court establish, that his conviction and sentencing were based
on arbitrary considerations and that his continued incarceration is
unlawful.43
142. In light of the facts and circumstances, this prayer is therefore dismissed.
42
Evarist v. Tanzania, ibid, § 82. See also Jibu Amir (Mussa) and Another v. Tanzania (merits and
reparations), supra, § 96; Mgosi Mwita Makungu v. United Republic of Tanzania (merits) (7 December
2018) 2 AfCLR 550, § 84.
43 See Evarist v. Tanzania, supra, §. 82.
35
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