December 1998 and ended on 25 September 2003.50 The trial at the High
Court began on 5 November 2003 and ended on 12 March 200551 and the
High Court rendered its judgment on 18 March 2005 and the Applicant then
filed a Notice of Appeal to the Court of Appeal on the same day 18 March
2005. The Court of Appeal considered the appeal on 20 and 29 October
200952 by rendering its decision on 27 October 2009. On 15 April 2014, the
Applicant applied for a review of the decision of the Court of Appeal, which
rendered its decision on 18 August 2017 by dismissing the Application for
lack of merit.
101. The Court observes that from the date of his arrest on 4 November 1995 to
the commencement of the High Court trial on 11 December 1998, a period
of three years, one month and seven days had elapsed, while from the date
of the arrest on 4 November 1995 to the finalization of the trial by the Court
of Appeal when it rendered its decision from the appeal of the High Court
on 27 October 2009, a period of 13 years, 11 months and 23 days had
elapsed. The duration of the trial before the domestic courts lasted a total
period of ten years, ten months and 16 days from the commencement of the
trial before the High Court on 11 December 1998 to the delivery of the
decision of the Court of Appeal from the High Court decision 27 October
2009.
102. In assessing whether the Respondent State observed due diligence, this
Court notes that pursuant to Section 32(2) of the Criminal Procedure Act
(CPA), an accused must be brought before a court as soon as practicable
when the offence is punishable by death.53 Further, Section 244, as read
50 See page 3 and 5 of the Court proceedings.
51 See page 6 and 60 of the Court proceedings.
52 Page 1 of the Court of Appeal Judgment, Criminal Session No 34 of 1997 at Tabora dated 18 March
2005.
53 Section 32(1) – Where any person has been taken into custody without a warrant for an offence other
than an offence punishable with death, the officer in charge of the police station to which he is brought
may, in any case, and shall if it does not appear practicable to bring him before an appropriate court
within twenty four hours after he was so taken into custody, inquire into the case and, unless the offence
appears to that officer to be of a serious nature, release the person on his executing a bond with or
without sureties, for a reasonable amount to appear before a court at a time and place to be named in
the bond; but where he is retained in custody, he shall be brought before a court as soon as practicable.
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