that he has the right to defend himself, which includes information on how
to do so as well as the right to call witnesses, if any.
80. The Respondent State notes that the Court of Appeal referred to page 35
of the Court record where the Applicant’s lawyers stated: “My Lord the
accused will give sworn evidence and we have one witness. However, I pray
for a brief adjournment so that I can communicate with my client.”
81. The Respondent State further submits that its Court of Appeal referred to
the case of Bahati Makeja v. Republic which held that: “It is our decided
opinion that where an accused person is represented by an advocate then
if a judge overlooks to address him/her in accordance with Section 293 of
the CPA the paramount factor is whether or not injustice has been
occasioned.” The Respondent Stated notes that after such consideration,
the Court of Appeal dismissed the ground of appeal for being devoid of
merit.
82. 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.
83. Respondent State submits that for these reasons the Applicant’s allegation
lacks merit and should be dismissed.
***
84. From the record, the Court notes that the Court of Appeal of the Respondent
State considered the same ground the Applicant is raising before this Court.
85. The Court also notes the finding of the Court of Appeal that no injustice was
occasioned in the circumstances of the present case, as from the record it
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