reasonable time, the Court has adopted a case-by-case approach whereby
it considered, among others, factors such as the complexity of the case, the
conduct of the Parties, and that judicial authorities must exercise due
diligence especially where the applicant faces severe penalties.50
110. In assessing the complexity of the case, the Court, among other factors,
considered the number of witnesses who testified, availability of evidence,
the level of investigations, and whether specialised evidence such as DNA
samples was required.51
111. In the instant case, the Court observes, that although the Applicants are
complaining about the “unduly long delay during their trial” the contested
issue emerging from their submission is the pre-trial detention period. The
Court will therefore, determine, whether the said period of six (6) years, ten
(10) months and nineteen (19) days that elapsed from the date of arrest, 8
May 1999, to the date of commencement of the trial on 27 March 2006, is
reasonable.
112. Regarding the nature and complexity of the case, this Court notes that, as
it arises from the records, the prosecution only presented oral testimony of
three (3) prosecution witnesses. As far as the investigations are concerned,
the records show that Mama Mboya, the wife of the Commanding Officer,
whom the Applicants considered as the most culpable actor was interviewed
but never charged or called to testify as a witness. As such, the case cannot
be considered as a complex one to merit such a delay on investigation.
113. With regard to the conduct of the Parties, this 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 on
the conduct of the Parties therefore boils down to whether the judicial
50
Msuguri v. Tanzania (merits and reparations), supra, § 83; Cheusi v. Tanzania (judgment), supra, §
117; Amini Juma v. United Republic of Tanzania (merits and reparations) (30 September 2021) 5 AfCLR
431, § 104 and Guehi v. Tanzania (merits and reparations), supra, §§ 122-124.
51 Cheusi v. Tanzania, ibid., § 117; Guehi, ibid., § 112; Nganyi and Others v. Tanzania (merits), § 115.
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