the alleged claims during the said proceedings. The Court reiterates its
jurisprudence that:
“... where an alleged human rights violation occurs in the course of the
domestic judicial proceedings, domestic courts are thereby afforded an
opportunity to pronounce themselves on possible human rights
breaches. This is because the alleged human rights violations form part
of the bundle of rights and guarantees that were related to or were the
basis of the proceedings before domestic courts. In such a situation it
would, therefore, be unreasonable to require the Applicants to lodge a
new application before the domestic courts to seek relief for such
claims.7
32. This Court is of the view that, in the circumstances of the present
Application, the issues alleged as being raised for the first time before this
Court should be considered as part of the “bundle of rights and guarantees”
relating to the right to a fair trial that led to the Applicants’ appeal.
Furthermore, the alleged violations relate to rights protected by the Charter,
as such, the Applicants did not need to go back to the High Court, since the
Respondent State already had the opportunity to address the potential
human rights breaches before the domestic courts.8 The first limb of the
objection is consequently dismissed.
33. With regard to the second limb of the objection, the Court reiterates its
established case-law that “although it is not an appellate body with respect
to decisions of national courts,9 this does not preclude it from examining
proceedings of the said courts in order to determine whether they were
conducted in accordance with the standards set out in the Charter or any
7
Jibu Amir alias Mussa and Another v. United Republic of Tanzania, (merits and reparations) (28
November 2019) 3 AfCLR 629, § 37; Alex Thomas v. United Republic of Tanzania (merits) (20
November 2015) 1 AfCLR 465, §§ 60-65, Kennedy Owino Onyachi and Another v. United Republic of
Tanzania (merits) (28 September 2017) 2 AfCLR 65, § 54; Ernest Karatta and 1744 Others v. United
Republic of Tanzania (judgment) (merits and reparations) (30 September 2021) 5 AfCLR 465), § 57.
8 Thomas v. Tanzania (merits), supra, § 60.
9 Ernest Francis Mtingwi v. Republic of Malawi (jurisdiction) (15 March 2013) 1 AfCLR 190, § 14.
10