requirements under section 293(1) of the CPA that the trial Court must
record that the prosecution case is marked closed, though we think it
is good practice to indicate as such. At any rate, the omission did not
occasion any injustice to the appellant because the trial was carried to
its conclusion and the appellant defended himself. Save for the remark
we have made, this ground too is baseless and we dismiss it.
70. The Respondent State also refers to the record of the trial court
proceedings, where it was recorded on 15 June 2015 by the trial court:
I am satisfied that the prosecution case has made out prima facie case
which requires the accused to give defence.
71. The Respondent State, therefore, concludes that the Applicant’s allegation
lacks merit and should be dismissed.
***
72. Article 7(1) provides that “[e]very individual shall have the right to have his
cause heard.”
73. The Court has previously held that:
… domestic courts enjoy a wide margin of appreciation in
evaluating the probative value of a particular evidence. As an
international human rights court, the Court cannot take up this
role from the domestic courts and investigate the details and
particularities of evidence used in domestic proceedings.25
74. The above notwithstanding, the Court can, in evaluating the manner in
which domestic proceedings were conducted, intervene to assess whether
domestic proceedings, including the conduct of proceedings as well as the
25
Isiaga v. Tanzania (merits), supra, § 65.
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