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. 33

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