State erroneously convicted him on the basis of his previous record as a thief and on circumstantial evidence considered, beyond a reasonable doubt. 93. As a consequence, this Court holds that the Respondent State did not violate the Applicant’s right to fair trial as enshrined under Article 7(b) and (c) of the Charter, read jointly with Articles 14(2) and Article 14(3)(e) of the ICCPR, with respect to the prosecution and conviction of the Applicant. ii. Allegation of the non-consideration of the defence of alibi 94. The Applicant avers that the Respondent State did not comply with the requirement of Section 194(4), (5) and (6) of the Criminal Procedure Act [Cap 20 R.E 2002] to consider his defence of an alibi when he was introduced it in court. 95. He further avers that at the time of his arrest, he was actually attending the funeral service of the deceased and not at the scene of the crime of the murder. * 96. The Respondent State argues that Section 194(4), (5) and (6) of the Criminal Procedure Act [Cap 20 R.E 2002] provide the conditions which an accused person must be comply with if he wants to rely on the defence of alibi.36 It submits that the Court of Appeal of Tanzania in the case of Sijali Juma Kocho v. Republic [1994] TLR 206, held that: “Prior notice of the defence of alibi is required under the law.” However, the Applicant did not comply with Sections 194(4), (5) and (6) of the Criminal Procedure Act. During the preliminary hearing on the 25 November 2011 the Applicant and 36 194(4) where an accused person intends to rely upon an alibi in his defence, he shall give to the court and the prosecution notice of his intention to rely on such defence before the hearing of the case, 194(5) where an accused person does not give notice of his intention to rely on the defence of alibi before the hearing of the case, he shall furnish the prosecution with the particulars of the alibi at any time before the prosecution is closed and 194(6) if the accused raises a defence of alibi without having first furnished the prosecution pursuant to this section, the court may in its discretion, accord no weight of any kind to the evidence. 27