The African Court on Human and Peoples’ Rights (AfCHPR) is today expected to deliver judgment on the application filed by Wilfred Onyango and co against the United Republic of Tanzania.
The Kenyan national and his colleague Patrick Ayisi Ingoi were
arrested nine years ago and have since been sentenced to 30 years for
armed robbery. AfCHPR’s Vice President Lady Justice Elsie Thompson will
deliver the verdict, according to a statement issued yesterday by the
Arusha based court.
The two were wanted by law enforcement agencies in Tanzania for
allegedly stealing money in excess of 5bn/- from the National Bank of
commerce in Moshi on May 21, 2004.
Subsequent investigations led to arrests of certain Tanzanian
suspects inside Tanzania and the two Kenyan respondents concerned with
the instant ruling inside Kenya. In their application number 006/2013,
the Kenyans allege that they were lawfully in Mozambique looking for
business opportunities on January 16, 2006, when they were kidnapped and
put on a military airplane bound for Tanzania where they have been
incarcerated since and charged with murder and three charges of armed
robbery.
The accused have further complained of prolonged trial due to
frequent adjournment of their case, lack of legal aid, torture and
beating by police and in prison, among other things. The Tanzanian
government, through State Attorneys Nkasori Sarakikya and Timon Vitalis
denied the allegations. Through the lawyers, the state has maintained
that the Kenyans were lawfully charged and that it was wrong for them to
challenge it at the African Court before exhausting all other local
channels.
The court had by February 29, 2016 received 74 applications of
which 25 have been finalised. Four applications have been transferred to
the African Commission on Human and Peoples’ Rights.
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