wide margin of discretion that domestic courts enjoy in this regard, the Court
does not see any reason for it to intervene or conclude otherwise.
99. In view of the foregoing, the Court dismisses the Applicant's allegation that he
was
not
allowed
to
call
witnesses
to
corroborate
his
alibi defence
and,
therefore, finds that the Respondent State has not violated Article 7(1)(c) of the
Charter.
iv.
Alleged violation of the right to free legal assistance
100.
The Applicant further alleges that he did not receive free legal assistance
before the High Court and the Court of Appeal, which would have enabled him
to better understand the legal and procedural issues arising during the appeals.
He argues that by not granting him such assistance, the national courts failed
to fulfil their obligation under Article 3 of the Criminal Procedure Act of the
Respondent State and hence violated Article 7(1)(c) of the Charter.
101.
The Applicant cites, in this regard, the judgment in Wilfred Onyango Nganyi
and
9 Others
v.
Tanzania
wherein
the Court
noted
that in view
of the
seriousness of the charges levelled against the Applicants, the Court held that
the Respondent State was under the obligation to provide them with free legal
assistance; and to inform the Applicants of their right to free legal assistance,
as soon as it became clear that they were no longer being represented.
102.
The Respondent State asserts that whereas the right to defence is absolute
in domestic law, the right to legal aid is obligatory only in homicide, murder or
manslaughter cases, and that for all other criminal cases, legal aid is granted
only at the request of the accused if it is proved that he is indigent and unable
to pay the counsel's fees. Refuting the Applicant's allegations, the Respondent
State contends that at no point in the proceedings did he make such a request,
but rather he opted to take charge of his own defence.
29