iii.
He
did not have legal representation
proceedings
and
this violated
throughout the trial and
appeal
his right under Article 7(1)(c)
of the
Charter.
In the first case, Criminal Case
No. 95/2003, he was charged with the
offence of armed robbery under Section 285 of the Penal Code which
provides for a sentence of fifteen (15) years upon conviction, yet he was
sentenced
to thirty (30)
years
imprisonment.
under Article 13(6)(c) of the Respondent
This violated
his rights
State’s Constitution which
proscribes the imposition of a sentence that was not in force at the time
of commission of the crime.
He immediately filed an appeal
in 2006, against his conviction and
sentence in Criminal Case No. 194/2004. This appeal was heard in June
2007 but the judgment remained pending for almost a decade despite
his sustained follow-up efforts. The Respondent State's failure to finalise
his appeal for such a long time therefore violated his rights under Article
7(1)(d) of the Charter.
vi.
He was kept in isolation during the trial and appeal proceedings, and this
violated his right to equality before the law and equal protection of the
law under Article 3 of the Charter.
vii.
The Respondent State subjected him to cruel, inhuman and degrading
treatment,
in contravention
of Article 5 of the Charter since
he was
beaten up by its agents when he was first arrested and he was also
denied medical care while in custody.