specified
under the Minimum
Sentences
Act
and
his being
unrepresented. Having considered all the above circumstances, the
Court finds that it was incumbent upon the trial magistrate and
Appellate Judges to ensure that, the Applicant was provided with
legal aid. Therefore the Respondent
failed to comply with its
obligations under the Charter and the ICCPR to provide the Applicant
with legal representation in respect of the trial and subsequent
appeals.
IV.
The alleged Manifest Errors at Trial with Regard to
Criminal
Case
Number
321
of
1996
and
their
subsequent consideration by the High Court and Court
of Appeal
125. The Applicant contends that there were grave inconsistencies
between the Charge Sheet and the evidence of the Prosecution
Witnesses which adversely affected his right to a fair hearing at the
trial and Appellate Courts. These inconsistencies related to:
i. Attribution of ownership of stolen items: The Charge Sheet
stated that the stolen goods belonged to Mr. Elimani Maleko
while in evidence, Prosecution Witness 1, Mr. William Mika,
stated that the stolen goods belonged to him.
ii. Description of items stolen: The Charge Sheet describes
the stolen items as "clutch covers" while Prosecution Witness
1, Mr Mika describes them as "clutch plates" and Prosecution
Witness 2, Mr. Fredrick Martin Minja, describes them as "clutch
facings."
4Y
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