105. The Applicants surmise that they did not raise multiple applications before
the trial court and the Respondent State did not justify the delays between
the various stages of the proceedings. There is simply no explanation on
record to demonstrate why the Applicants were not accorded a preliminary
hearing for nearly two years after their arrest, which resulted in substantial
prejudice as witness memories fade over time, including their memories of
how a person appeared, the timing of events and statements that were
made.
106. The First Applicant adds that the Prosecution filed an application to have
him examined for competency to stand trial, to which his lawyer did not
object. According to him, this process at the most takes a period of a few
weeks to finalise as the evaluator is a state employee.
*
107. In response to this allegation, the Respondent State merely submits that the
Applicants’ trial was held within a reasonable time.
***
108. Article 7(1)(d) of the Charter provides that:
“Every individual shall have the right to have his cause heard. This
comprises the right to be tried within a reasonable time …”.
109. In Wilfred Onyango Nganyi and Others v. United Republic of Tanzania, this
Court has held that the right to be tried within a reasonable time is an
important aspect of fair trial.48 The Court further held that the right to a fair
trial also includes the principle that judicial proceedings should be finalised
within a reasonable time.49 In determining the right to be tried within a
48
Nganyi and Others v. Tanzania (merits), supra, § 127; and Benedicto Daniel Mallya v. United Republic
of Tanzania (merits and reparations) (26 September 2019) 3 AfCLR 482, § 48.
49 Cheusi v. Tanzania (judgment), supra, § 117.
32