JUDGMENT OF THE COURT
CHRONOLOGY
[1] The consolidated appeals are against the judgment and decree of the High Court, (Lenaola, J – as he then was) dismissing Constitutional Application No. 111 of 2013 as consolidated with Constitutional Petitions Nos. 320 of 2011 and 321 of 2011. The constitutional applications and the two petitions impugned the extradition proceedings filed by the Director of Public Prosecutions (DPP) against the two appellants in Chief Magistrates’ Court, Miscellaneous Application
It is necessary to state at the outset that the 1st respondent, (Attorney General) (AG) supports the appeal only to the extent that it questions the validity of the “Authority to Proceed” issued by the 2nd respondent, Director of Public Prosecutions (DPP). The 3rd respondent, Ethics and Anti-corruption Commission (EACC) has taken a neutral position in the appeal. It is only the DPP who has vehemently opposed the appeal in its entirety.
[2] The two appellants are citizens of Kenya and are resid…