the Applicants appealed on their behalf against the decision of the Resident
Magistrate, to the High Court of Kenya. According to the Applicants, the
Appellate Judge later delivered his ruling on this application on 30 July 2003.
The Applicants did not avail the ruling of the appeal to this Court despite being
requested to do so.
6. On arrival at the Namanga border post, the Applicants were received by a
contingent of Tanzanian Police and media personnel from the Independent
Television Limited (I.TV) and Tanzania Television (lVT). The Applicants also
allege that they were then immediately taken to the Dar es Salaam Central
Police Station on 22 March, 2003, where identification parades were conducted
on 25 March, 2003, by which time their images were already published in
various local newspapers and television channels. The Applicants aver that this
made it easier for witnesses to identify them, as the latter had already seen
them in the local media.
7. On 26 March, 2003, the Applicants were arraigned at the Kisutu Resident
Magistrate's Court in Dar es Salaam and charged with two counts in Criminal
Case No. 111 of 2003: conspiracy to commit an offence contrary to Section 384
and crime of armed robbery contrary to Sections 285 and 286 of the Penal
Code. On 30 March, 2004, the case number was changed to Criminal Case No.
834 of 2002.
8. On 11 March 2005, the Applicants were tried and acquitted by the Kisitu
Magistrate's Court, but the Tanzanian Police re-arrested them and detained
them at the Central Police Station in Dar es Salaam. The Applicants complain
that they remained in the Police cells with no food and were denied
communication with anyone until 14 March 2005, when they were arraigned
before Court on what they claim are "trumped up and fabricated charges". The
new charges against them were of (i) stealing, contrary to Section 265 of the
Penal Code in Criminal Case No. 399/2005 and (ii) Armed Robbery, contrary
to Section 287 of the Penal Code in Criminal Case No. 400/2005. According to
the Applicants, these two charges had already been heard and determined by
the Kisutu Resident Magistrate's Court in Dar es Salaam.
4