***
143. Article 7(1) of the Charter provides that: “[e]very individual shall have the
right to have his cause heard.”
144. The Court observes that the right to have one’s cause heard, as enshrined
under Article 7(1) of the Charter, bestows upon individuals a wide range of
entitlements pertaining to due process of law, including the right to be given
an opportunity to express their views on matters and procedures affecting
their rights, the right to file a petition before appropriate judicial and quasijudicial authorities for violations of these rights and the right to appeal to
higher judicial authorities when their grievances are not properly addressed
by the lower courts.23
145. The Court also notes that the right to have one’s cause heard does not
cease to exist after the completion of appellate proceedings. In
circumstances where there are cogent reasons to believe that the findings
of the trial or appellate courts are no longer valid, the right to be heard
requires that a mechanism to review such findings should be put in place. 24
146. The Court reiterates that: “… Article 7 of the Charter permits every person
who feels that his/her rights have been violated to bring his/her case before
a competent national court. In the realization of this right, the position or
status of the victim or the alleged perpetrator of the violation are irrelevant
and every complainant is entitled to an effective remedy before a competent
and impartial judicial body…”25
147. The Court notes that it is the Respondent State’s argument that Section
148(5) of the CPA has defined the offences which are not subject to bail and
that their elements are known thus it leaves no room for abuse. It has further
23
Werema Wangoko Werema v. United Republic of Tanzania (merits) (2018) 2 AfCLR 520, §§ 68-69.
Kambole v. Tanzania (merits), supra, § 96.
25 Ibid.
24
32