argument according to which the
150. The Court therefore dismisses Respondent's
Applicants were partly responsible for the delay .
iii.
Conduct of the domestic judicial authorities
e that at the Resident Magistrate's
151 . During the public hearing, the Applicants alleg
the life of the Case , adding that
Court in Moshi, "there were over 55 adjournments in
testified, and throughout the
in the first four years of the case , only one witness
length of the trials ... , up to a
cases, "the Applicants constantly questioned the very
reason for seeking adjournment
year after they had been charged, the most frequent
, that investigations were still
was that they were still constituting the Police file
rtion of the Applicants.
ongoing". The Respondent did not challenge this asse
the matter before the High Court,
152. The Applicants further state that in an effort to push
counsel in vain, so they wrote
they wrote and attempted to communicate with their
esting it to set a date for the
a letter to the High Court on 16 August 2013, requ
al but that letter has not been
hearing of their matter as ordered by the Court of Appe
responded to.
trying to delay the process, there
153. Even assuming that the defence counsel were
courts to ensure that all those
rests a special duty upon the authorities of domestic
avoid any unnecessary delay .
who play a role in the proceedings do their utmost to
ely monitor and ensure that
Judges also have the right, as well as the duty , to activ
nable time requirement. The
judicial proceedings before them comply with the reaso
ani v. the United Kingdom, for
European Court of Human Rights has held, in Cusc
44