62. This Court also notes that the High Court of the Respondent State is
empowered pursuant to Sections 260(1),26 and 284(1)27 of the CPA to
postpone the trial of any accused person to the subsequent session where
there is sufficient cause for the delay, including the absence of witnesses.
However, the same provisions are to the effect that the delay should be
“reasonable”.
63. In considering whether the period of five (5) years and three (3) months that
elapsed between the Applicant’s arrest and trial is reasonable, this Court
deems it appropriate to assess the conduct of the Respondent State’s
judicial authorities over the said period of time. In this regard, the Court will
examine steps taken both during the committal proceedings and towards
the commencement of the trial.
64. Regarding the committal proceedings, the Court observes that the Applicant
was arrested on 27 August 2007 and gave his statement to the police on 12
September 2007. The Court notes that in the present case, copy of the
charge sheet shows that, on 7 August 2008, the Director of Public
Prosecutions informed the Registry Officer of the High Court at Bukoba that
the Applicant was charged with the offence of murder. The information was
presented for filing on 2 September 2008. The Applicant was subsequently
committed to the High Court for trial on 3 June 2009.
65. The Court observes that the applicable law of the Respondent State does
not set out a specific time for committal proceedings which, as earlier
mentioned, should be completed as soon as practicable. As is the general
practice in domestic systems, and provided under Section 245(4)(6)(7) of
the Respondent State’s CPA cited earlier, judicial authorities must perform
Section 260(1) – It shall be lawful for the High Court upon the application of the prosecutor or the
accused person, if the court considers that there is sufficient cause for the delay, to postpone the trial of
any accused person to the next session of the court held in the district or at some other convenient
place, or to a subsequent session.
27 284(1) – Where, from the absence of witnesses or any other reasonable cause to be recorded in the
proceedings, the court considers it necessary or advisable to postpone the commencement of or to
adjourn any trial, the court may from time to time postpone or adjourn the trial on such terms as it thinks
fit for such time as it considers reasonable and may, by warrant, remand the accused person to a prison
or other place of security.
26
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