106.
This Court further notes
that:
In assessing these conditions (i.e., indigence and interest of justice), the Court
considers several factors, including i. the seriousness of the crime; ii. the severity
of the potential sentence; iii. the complexity of the case; iv. the social and personal
situation of the defendant and, in cases of appeal, the substance of the appeal
(whether it contains a contention that requires legal knowledge or skill); and the
nature
of the “entirety
considerable
of the proceedings”,
disagreements
for example,
whether
there
on points of law or fact in the judgments
are
of lower
courts.
107.
In the instant Application, the Court notes from the record that in the first
case before the District Magistrate Court, the Applicant was represented by
counsel whom
he engaged.
However,
this was
not the case with respect to
proceedings before the High Court and the Court of Appeal. With regard to the
second
case,
there
Applicant was
is nothing
represented
on
record
by counsel
to establish
during
whether
his trial before
or
not the
the
District
Magistrate Court and at his appeal before the High Court. In view of this, the
Court will limit its assessment only to the first case and determine whether the
Applicant's right to free legal assistance has been violated.
108.
The records show that the Applicant was charged with a serious offence
carrying a heavy custodial sentence of a minimum of thirty (30) years. Besides,
the case involved eight (8) prosecution witnesses, two (2) defence witnesses
and five (5) prosecution exhibits, which shows the complexity of the matter. In
the circumstances, it is evident that the interest of justice required the provision
of free legal assistance so as to ensure that the Applicant's trial and appeals
proceeded fairly.
109.
In
this
connection,
the
Court
takes
note
of the
Respondent
State's
contention that the Applicant had counsel at the District Magistrate Court, that
Kennedy Owino and Another v. United Republic of Tanzania (merits) § 105.
31