remedy that an applicant is not required to exhaust.12 However, in cases
where an applicant attempted to utilise the review procedure, the Court
takes into account the time that the Applicant expended in pursuing such a
procedure.
43. In the instant case, the Court notes from the records that the Court of Appeal
decided the Applicant’s appeal on 29 April 2010 and he filed his request for
extension of time to file his application for review on 7 September 2010. The
Applicant’s request was, however, dismissed on 19 September 2013, which
was three (3) years later. Given that the decision of the Court of Appeal was
pending for three (3) years, it can fairly be presumed that the Applicant was
awaiting the outcome of his request and as such, the Court deems it
important to consider this fact in computing reasonable time.
44. Accordingly, from the date when the Court of Appeal dismissed his request
for extension of time to institute an application for review, that is, 19
September 2013 to the date when the Applicant seized the Court, that is,
22 January 2019, five (5) years, four (4) months and three (3) days elapsed.
The question for the Court’s determination, therefore, is whether this delay
could be considered as reasonable under the terms of Article 56(6) of the
Charter as read together with Rule 50(2)(f) of the Rules.
45. In the present case, the Applicant alleges that: “[d]elay of filing the
application was caused by [his] position as a condemned prisoner and
layman in matters of law, indigent, incarcerated without assistance of legal
counsel.”
46. The Court notes that the Applicant is self-represented before this Court and
as a convicted inmate on a death row, is secluded from the general
population and cut off from possible information flow, and restricted in his
movements.
12
Guehi v. Tanzania, ibid, § 51 ; Wilfred Onyango Onyachi and Another v. United Republic of Tanzania
(merits) (2017) 2 AfCLR 65, § 56.