001073 eK 107. The Court notes that Article 6 of the Charter guarantees the right to liberty as follows: “Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrary arrested or detained.” 108. The Court notes that the right to liberty and security as enshrined above strictly prohibits any arbitrary arrest or detention. An arrest or detention becomes arbitrary if it is not in accordance with the law, lacks clear and reasonable grounds or is conducted in the absence of procedural safeguards against arbitrariness.28 109. In the instant case, the Court notes from the record that the Applicant was initially detained on the basis of the Respondent State’s criminal laws for having allegedly entered and stayed in its territory unlawfully. The Applicant’s conviction for the same was premised on the assumption that he was not a Tanzanian national. However, the Court recalls its earlier finding above that the Respondent State has not provided evidence to substantiate that the Applicant is not a Tanzanian before or at the time of his arrest or conviction. In the opinion of the Court, this renders his arrest, conviction and detention unlawful. 110. The Court notes that the Applicant has remained in prison to date notwithstanding that he fully served two (2) years' imprisonment sentence as far back as 2012. In this regard, the Court finds that his alleged refusal to cooperate for the purpose of his expulsion is not a reasonable justification for keeping him in prison indefinitely. 28 Kennedy Owino Onyanchi and Another v. Tanzania (Merits), § 131. 29