79. Relying on the case of Moses Muhagama Laurence v. the Government of Zanzibar, the Applicant avers that the purposive reading of Section 3 of the Legal Aid Act (criminal proceedings) (Act 21 of 1969) is to the effect that “…a poor accused person has a statutory right to be provided with free legal aid and to be informed of that right by the Court.” The Applicant therefore claims that his right to free legal assistance was violated by the Respondent State. 80. The Respondent State refutes the allegation of the Applicant and submits that he did not raise the allegation of denial of free legal assistance before the national courts and is therefore raising it here for the first time before this Court. 81. Furthermore, the Respondent State argues that the provision of free legal assistance is only statutorily mandatory in the cases where the accused has been charged with manslaughter, murder or treason. The Respondent State therefore contends that for every other offence, an applicant must request for free legal assistance in order for the trial court to consider it, which the Applicant in the present case did not do. It therefore prays the Court to dismiss this allegation. *** 82. Article 7(1)(c) of the Charter provides as follows: “[e]very individual shall have the right to have his cause heard. This comprises: […] c) The right to defence, including the right to be defended by counsel of his choice.” 83. The Court notes that Article 7(1)(c) of the Charter does not explicitly provide for the right to free legal assistance. This Court has, however, interpreted this provision in light of Article 14(3)(d) of the International Covenant on Civil and Political Rights (hereinafter referred to as “ICCPR”),13 and determined that the right to defence includes the right to be provided with free legal 13 The Respondent State became a State Party to ICCPR on on 11 June 1976. 18