103. In the instant case, the Court recalls that it has found that the Respondent
State violated the Applicant’s right to a fair trial by failing to provide him with
free legal assistance. Without minimising the gravity of the violation, the
Court considers that the nature of the violation in the instant case does not
reveal any circumstance that signifies that the Applicant’s conviction was
based on arbitrary considerations or his continued imprisonment amounts
to a miscarriage of justice. The Applicant also failed to elaborate on specific
and compelling circumstances to justify the order for his release.24
104. Consequently, the Court dismisses the Applicant’s prayer for release.
ii. On the prayer for the retrial of the Applicant’s case
105. With regards to the prayer for retrial of the Applicant’s case, the Court recalls
its jurisprudence that it can be ordered in a situation whereby the violations
found had a significant impact on the right to a fair trial.25 In the instant case,
although, the Court found the violation of the right to free legal assistance,
it did not fault the trial procedure or the procedures in the subsequent
appeals in the High Court or Court of Appeal. The Court, therefore, does not
find a justification to order the retrial of the Applicant.
106. In view of the foregoing, the Court dismisses the Applicant’s prayers for a
retrial of his case.
iii. Guarantees of non-repetition
107. The Court notes its earlier finding that the LA 2017 is not aligned to and the
Charter and its previous judgments in respect of the right to free legal
assistance.26 The Court, therefore, deems it necessary to make an order in
this regard, and thus Orders the Respondent State to take all constitutive
and legislative measures to amend the LA 2017 in order to fully align it with
24
Mussa and Mangaya v. Tanzania (merits and reparations), supra, § 97; Elisamehe v. Tanzania
(judgment), supra, § 112; and Evarist v. Tanzania (merits), ibid, § 82.
25 William v. Tanzania (merits), supra, § 105.
26 See paragraph 87 above.
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