a satisfactory justification. The Court notes from the record, that the First
Applicant submitted the additional documents belatedly despite the matter
having been adjourned several times.
63. In view of the above, the Court finds that the Respondent State did not
violate the right to be heard in respect of the alleged denial of extension of
time to file additional documents.
ii.
Alleged misdirection of the Supreme Court in reconsidering evidence
64. The Court observes that the right to have one’s cause heard entails the
possibility of the Applicant to adduce his evidence and for the courts to
evaluate the same.
65. In the instant case, the Court observes that the Supreme Court of Appeal
did not misdirect itself but merely performed its duties by reconsidering the
evidence adduced before the High Court, especially in respect of the
assertion that alterations were made to the voting records at Msinjiyiwi
polling station.
66. There was also nothing preventing the Supreme Court of Appeal from
reconsidering the evidence.
67. The Court therefore finds that the Respondent State did not violate the right
to have one’s cause heard with regard to the evidence having been
reconsidered by the Supreme Court of Appeal.
IX.
REPARATIONS
68. The Applicants prays the Court to find that the Respondent State violated
their rights protected under Articles 3(2), 7(1)(a) and 13(1) of the Charter
and to order the Respondent State to bear the costs of the proceedings.
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