Respondent State, is only symptomatic of the latter’s failure to provide him with effective legal representation. *** 68. 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 …. 69. In Wilfred Onyango Nganyi and Others v. United Republic of Tanzania, this Court held that the right to be tried within a reasonable time is an important aspect of fair trial.24 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.25 70. What the Court is called to determine in the instant Application is whether the pre-trial detention period of seven (7) years, ten (10) months, and twenty-nine (29) days, which is the time that elapsed between the Applicant’s arrest on 21 July 2004 and the commencement of his trial on 19 June 2012 is reasonable. 71. In determining the right to be tried within a 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 of the judicial authorities who must exercise due diligence especially where the applicant faces severe penalties.26 24 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. 25 Cheusi v. Tanzania (judgment), supra, § 117. 26 Msuguri v. Tanzania (merits and reparations), supra, § 83; Cheusi v. Tanzania (judgment), supra, § 117; Amini Juma v. United Republic of Tanzania, ACtHPR, Application No. 024/2016, Judgment of 30 September 2021 (judgment), § 104 and Guehi v. Tanzania (merits and reparations), supra, §§ 122-124. 19

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