151. In view of this, therefore, the Court deems it necessary to order the
Respondent State to periodically report on the implementation of this
judgment in accordance with Article 30 of the Protocol. The report should
detail the steps taken by the Respondent State to remove the impugned
provision from its Penal Code.
152. The Court notes that the Respondent State has not provided any
information on the implementation of its judgments in any of the earlier
cases where it was ordered to repeal the mandatory death penalty and the
deadlines that the Court set have since lapsed. In view of this fact, the Court
still considers that the orders are warranted both as an individual protective
measure, and as a general restatement of the obligation and urgency
behoving on the Respondent State to scrap the mandatory death penalty
and provide alternatives thereto. The Court holds, therefore, that the
Respondent State is under an obligation to report on the steps taken to
implement this judgment within six (6) months from the date of notification
of this judgment.
IX.
COSTS
153. In their submissions, both Parties prayed the Court to order that the other
Party pays the costs. The Applicants, additionally, requested the Court to
reimburse them the sum of Five Hundred United States Dollars (US$500)
to cover expenses related to transport and stationery costs.
***
154. Pursuant to Rule 32(2) of the Rules, “unless otherwise decided by the Court,
each party shall bear its own costs”.
155. In relation to the Applicants’ claim, the Court notes that they were
represented by the East Africa Law Society (“EALS”) on a pro bono basis
under the Court’s legal aid scheme. The Court notes that its legal aid
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