a reasonable doubt. The Court further notes that in support of the appeal the learned counsel for the appellant narrated the manner in which the appellant caused the death of the deceased by cutting him with a “panga” until the head was completely separated from the rest of the body, and the utterance he made thereafter that “nimeua na nitaua sana leo”.37 The counsel for the appellant also alleged that his client was a drunkard and used to smoke “bhangi”. 85. The Court notes that counsel for the appellant, argued that such conduct was inconsistent with a person who is sane, therefore, in the circumstances, the appellant was entitled to the defence of intoxication under section 14(2)(b) of the Penal Code. Similarly, counsel averred that the trial judge should have made a special finding under section 219(2) of the Respondent State’s Criminal Procedure Act, that the appellant killed the deceased but for reason of insanity he was not guilty of murder and should have acquitted him. On the other hand, the Respondent State averred that the Applicant had “malice aforethought” and precisely knew what he was doing, therefore the defence of intoxication should be rejected. 86. In considering this claim the Court recalls its jurisprudence that a Respondent State cannot be held responsible for every shortcoming on the part of a lawyer appointed for legal aid purposes. As such, the quality of the defence provided is essentially a matter between the client and his representative and the State should intervene only where the lawyer’s manifest failure to provide effective representation is brought to its attention.38 Furthermore, this Court has held that allegations relating to counsel not raising or objecting to certain evidentiary issues in relation to his/her clients defence, should not, in these circumstances, be imputed to the Respondent State.39 More importantly, there is nothing on the record to demonstrate that the Applicant informed the domestic courts of the alleged 37 Meaning, I have killed and will kill a lot today. 38 ECHR, Strickland v. Washington, 466 U.S. 668 336; 686 (1984), 336; Lafler v. Cooper, 566. No 10- 209 slip. op. (2012) (erroneous advice during plea bargaining). 39 Henerico v. Tanzania (merits and reparations), supra, § 113. 23

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