assistance.14 The Court has also held that an individual charged with a
criminal offence is entitled to free legal assistance without having requested
for it, provided that the interest of justice so require. This will be the case
where an accused is indigent and is charged with a serious offence which
carries a severe penalty.15
84. In the present case, the Court notes that the Applicant was not granted free
legal assistance throughout the proceedings in the national courts. The
Court further notes that the Respondent State does not dispute that the
offence is serious and the penalty provided by law is severe. However, it
contends that free legal assistance is only granted to an accused that has
been charged with manslaughter, murder or treason, and, further that the
Applicant ought to have requested for free legal assistance.
85. The Court notes, however, that the Applicant was charged with the serious
crime of rape, carrying a severe punishment of life imprisonment. Thus, the
interest of justice warranted that he ought to have been provided with free
legal assistance even without him having requested for it.16
86. By failing to provide the Applicant with free legal assistance, the Court finds,
therefore, that the Respondent State violated Article 7(1)(c) of the Charter
as read together with Article 14(3)(d) of the ICCPR.
87. Having found the violation of Article 7(1)(c) of the Charter, the Court notes
that, in addition to his specific prayer for a finding of a violation of the right
to free legal assistance, the Applicant prays the Court to make any other
order as it deems necessary. In this regard, the Court observes that while
the Respondent State’s Legal Aid Act 2017 (herein after referred to as “LA
2017”), provides for legal aid for accused persons upon the certification of
the judicial officer, it does not address the issue raised by the Court in its
14
Thomas v. Tanzania (merits), supra, § 114; Kijiji Isiaga v. United Republic of Tanzania (21 March
2018) (merits) 2 AfCLR 218, § 72; Onyanchi and Njoka v. Tanzania (merits), supra, § 104.
15 Thomas v. Tanzania (merits), ibid, § 123; see also Abubakari v. Tanzania (merits), supra, §§ 138139.
16 Ibid.
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