51. Given all the above, the Court, therefore, finds that all the admissibility
requirements are met and holds the instant Application admissible.
VII. MERITS
52. The Applicant alleges that the Respondent State violated his rights to:
equality and equal protection of the law, life, dignity, fair trial, the enjoyment
of his family life and free movement as protected under the Charter. The
Court will address each of the Applicant’s allegations individually.
A. Alleged violation of the right to equality and equal protection of the law
53. The Applicant submits that the Court of Appeal dismissed his Appeal while
acquitting the third and fourth appellants although, according to him, the
circumstances and facts of the case were similar. This, he contends, is a
violation of his right to equality and equal protection of the law under Article
3 of the Charter.
*
54. The Respondent State argues that all the accused persons were treated
equally and the Applicant was convicted based on the strength of evidence
against him, specifically Exhibit EP7. It submits that he was convicted
because it was proven that he was found in possession of a box containing
the fingers and other tissues of a human being which were later proven to
belong to Henry Mwakajila.
***
55. The Court notes that Article 3 of the Charter provides as follows:
1.
Every individual shall be equal before the law.
2.
Every individual shall be entitled to equal protection of the law
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