00050 4
40.
The Applicant further contends that the Respondent State's failure to issue him
with the certified true copies of the records of proceedings and judgments of the
District Court of Bunda made it impossible for him to exhaust local remedies
because he could not appealthe decisions in Criminal Case No. 244 of 1995 and
Criminal Case No. 278 of 1995 without them. The Applicant maintains that the
Respondent State has failed to protect and uphold his right to appeal on time.
**
41.
The Court notes that the requirement of exhaustion of local remedies must be
complied with before an Application is filed at this Court. However, this condition
may be exceptionally dispensed with if local remedies are not available, they are
ineffective, insufficient or the domestic procedures to pursue them are unduly
prolonged. Furthermore, the remedies to be exhausted must be ordinary judicial
remedies.2
42.
The Court notes that, in the instant case, the Applicant attempted to use the
available remedies, by filing a notice of appeal dated 16 April 1996 in respect of
Criminal Case No.278 of 1995 and a notice of appeal dated 22June 1996 in
respect of Criminal Case No. 244 of 1995. Thereafter, he requested for the
certified true copies of the records of proceedings and judgments in respect of
these cases in order to file the actual appeals. The Applicant followed up with the
Magistrate in Charge of the District Court of Bunda and the District Registrar and
Presiding Judge of the High Court at Mwanza, in this regard, without any success.
He also sought the intervention of the Respondent State's Commission on
Human Rights and Good Governance but all his efforts were futile.
2 Alex Thomas v Tanzania Judgment op.cit, $ 64; Application No.003/2015. Judgment of 28logl2o17,
Kennedy Owino Onyachi and Charles John Mwanini Njoka v United Republic of Tanzania (hereinafter
referred to as "Kennedy Onyachi and Another v Tanzama Judgment'), S 56; Nguza Viking v Tanzania
Judgment op.cit., S 52; Application No. 03212015. Judgment of 2110312018, Kijiji lsiaga v United Republic
of Tanzania (hereinafter referred lo as " Kijiji lsiaga v Tanzania Judgment"), $ 45.
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