JUDGMENT OF THE COURT
About 14 years ago, on 21st May, 2004, a robbery was committed at the National Bank of Tanzania in Moshi and Tz Shillings in excess of five billion stolen at gun point. Some Tanzanian nationals were subsequently arrested within Tanzania in connection with the robbery and charged before the District Court in Moshi in Criminal Case No. RM 16/2004. Two Kenyans suspected of involvement in the robbery were also arrested - Patrick Ayisi Ingoi (Ingoi) who is the appellant before us, and one Wilfred Onyango Nganyi (Nganyi). But they were arrested within Kenyan territory and so, at the request of the Tanzanian Government, extradition proceedings were commenced on 19th July, 2004 under section 13 of the Extradition (Contiguous and Foreign Countries) Act, Cap. 76, Laws of Kenya, to have them taken to Moshi for trial by the Tanzanian court.
The application was considered before Nairobi Senior Resident Magistrate, Mrs. D. Kavedza Mochache (SRM) [the Magistrate] in Miscellaneous…