that the counsel for the Applicant was indeed ineffective, the latter had a
chance of recusing them before the trial judge which he did not do.
90. In his Reply, the Applicant avers that his claim is not being denied counsel
of his choice as the Respondent State contends but rather that he did not
have practical or effective defence at all.
***
91. The Court recalls that, as it has held in Marthine Christian Msuguri v. United
Republic of Tanzania, the right to defence as provided for in Article 7(1)(c)
of the Charter should be understood to mean that legal counsel should be
effective even if provided by the State.33 The Court has also held that for
representation to qualify as effective, it should be one that provides counsel
with sufficient time and means to prepare an adequate defence at all stages
right from the arrest of the individual, without any interference.34 As the
Court has held, it is the Respondent State’s duty to provide adequate
representation to an accused and intervene only when the representation
is not adequate.35 The question to be determined is whether counsel
provided by the Respondent State, in the Applicant’s case was effective.
92. The Court notes that the Applicant alleges that his counsel did not call any
defence witnesses despite there being witnesses who could aid his
defence. The Court also notes that there is nothing on the record to
demonstrate that the Respondent State impeded the counsel who it
designated to represent the Applicant, to access him and consult him on
the preparation of his defence. The Court also notes that there is nothing
on the record to demonstrate that the Applicant informed the domestic
courts of the alleged shortcomings in the counsel’s conduct in relation to
33
Msuguri v. Tanzania (merits and reparations), supra, § 91 and Juma v. Tanzania (judgment), supra,
§ 84.
34 Ghati Mwita v. United Republic of Tanzania ACtHPR, Application No. 012/2019, Judgment of 1
December 2022 (judgment), §§ 122-123; Henerico v. Tanzania (merits and reparations), supra, § 109
and African Commission on Human and Peoples’ Rights v. The Republic of Libya (merits) (3 June 2016)
1 AfCLR 153, § 93.
35 Henerico v. Tanzania (merits and reparations), ibid, § 106.
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