i.
Alleged violation of the right to be tried within a reasonable time
82. The Applicant alleges that he remained in prison for four (4) and a half years
before he was convicted and sentenced by the trial court of the Respondent
State and that this violates his right to be tried within a reasonable time,
protected in Article 7(1)(d).
*
83. The Respondent submits that the Applicant was tried within a period of five
years which is a reasonable time given the nature of the offence and the
circumstances in which it took place. In referring to the charge sheet, the
Respondent State points out that the Applicant and five (5) other coaccused persons were charged on 7 October 1999. On 12 February 2002,
the prosecution commenced its case where five witnesses testified on
different dates, subsequent to which the prosecution closed its case on 9
May 2003. The defence case commenced on 30 June 2003, when the
Applicant gave his testimony. The trial court delivered its judgment on 9
September 2003.
***
84. Article 7(1)(d) provides that “[e]very individual shall have the right to have
his cause heard. This comprises […] the right to be tried within a reasonable
time”.
85. The Court recalls its decision in Wilfred Onyango Nganyi and 9 Others v.
Tanzania, where it held that “… there is no standard period that is
considered reasonable for a court to dispose of a matter. In determining
whether time is reasonable or not, each case must be treated on its own
merits.”26
26
Wilfred Onyango Nganyi and Others v. United Republic of Tanzania (merits) (2016) 1 AfCLR 507, §
135.
21