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. 28

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