9. With regard to the allegation that the thirty (30) years sentence was inappropriate, the Court “observes that the alleged violations of the rights of the Applicants occurred in the course of domestic proceedings which led to the finding of guilt and to the sentence pronounced against him. The allegations raised by the Applicant therefore form part of the bundle of rights and guarantees that were related to or were the basis of their appeals*...” 10.In many of its judgments, the Court has relied on this “bundle of rights” theory to dispose of certain claims brought before it in matters of exhaustion of local remedies®. 11.In my opinion, applying this theory in matters of local remedies amounts to distorting its very basis and tenets. The Applicants’ rights are diverse and different in nature and the allegations thereto related, if in the Charter, can be incorporated into a set of rights such as the right to information, freedom of expression, fair trial ... 12.At domestic level, all laws whatever the nature, spell out the scope of and the rules governing each right, and it lies with the national judge to consider certain rights as part of a bundle of rights and to adjudicate them as such. 13.In defining the aforesaid bundle of rights in relation to the national judge, the Court ignored the powers and prerogatives of judges in general and, more restrictively, in matters of appeal, especially as the Applicants have at no time responded to the Respondent State’s allegation by proving that the appellate judges have the power to do so - since the national texts confer the said powers and prerogatives on them — but that they could consider requests brought, for the first time, before the African Court as part of a bundle of rights. e The prerogatives courts and jurisdiction of appellate judges before national 14. It is an established fact that "appeal proceedings" are of two types: - Appeal that has devolutive effect, and 4 Paragraph 44 of the Judgment 5 Application No. 005/2013. Alex Thomas v. United Republic of Tanzania, Judgment of 20/11/2015; Application No. 006/2015. Nguza Viking and Johnson Nguza v. United Republic of Tanzania, Judgment of 23/3/2018; Application No. 003/2015. Kennedy Owino Onyachi v. United Republic of Tanzania, Judgment of 28/9/2017