119. With regard to the committal proceedings, the Court observes that the Magistrate delayed to conduct the committal proceedings to facilitate the Applicants’ trial as soon as practicable as provided under the law. In fact, following the Magistrates delay to commit the Applicants the first-time round, the High Court Judge had to remind and order the District Magistrate twice to conduct committal proceedings, which resulted in prolonging the trial before the High Court. 120. The Court observes that the Applicants raised the defence of alibi during the trial, however, the trial judge “considered that defence and pursuant to the provisions of section 194(6) of the Criminal Procedure Act (the CPA), he took cognizance of it but proceeded to hold that in view of the strong prosecution evidence, he accorded no weight to that defence of alibi.” This Court further notes that the Court of Appeal referencing its own jurisprudence57 agreed with the trial Judge’s assessment.58 121. The Court observes that there is no justifiable reason as to why following the Applicants’ arrest, their committal was held three (3) years, four (4) months and sixteen (16) days later after the preliminary hearing. To exacerbate the situation, it was the Parties who had to twice remind the High Court that the committal proceedings had not been finalised and a trial date set. Additionally, the Court notes that there is nothing on the record to show that the Applicants impeded the progress of the investigations before their arraignment at the High Court, the case was not a complex one, there were no multiple applications filed or adjournments requested as observed from the record of proceedings. The Applicants were committed on 2 March 2006 and trial at the High Court commended on 27 March 2006. In the circumstances, the Court finds that the time of six (6) years, ten (10) months and nineteen days (19) days from the date of arrest to the commencement of the trial, cannot be considered as reasonable. 57 58 Mwita Mhene and Another v. Republic (Unreported). Court of Appeal Judgment, page 4. 36

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