In conclusion, the Respondent prayed the Court as per paragraphs 48 and 49 supra. 108. During the public hearing of 21 May 2015, the Respondent restated its position and refuted the Applicants' allegations, by stating that the Applicants "... upon receiving leave to file for prerogative orders, proceeded to do so and filed Miscellaneous Case No. 16/2006 at the High Court of Tanzania at Moshi on 19 June 2006. This was an Application for Orders of certiorari and prohibition in the matter of forceful kidnapping and abduction of the Applicants from the Republic of Mozambique by the Tanzanian Police in collusion with Kenyan and Mozambique Police". The Respondent adds that: "this was not an Application for a fair trial. What the Applicants were seeking was ... i. "An Order to stay the Criminal Proceedings in Moshi District Court; ii. An Order of certiorari to quash any other Orders in respect of the murder Case; iii. An Order of certiorari to quash action to the 1st and 2nd Respondent's with regards to their Criminal Cases; iv. An Order of prohibition to prohibit the 3 rd and 4th Respondent's from hearing or in any other way determining any of the Cases against them; v. An Order for the immediate release of the Applicants". 109. According to the Respondent, '1it was not an Application for fair trial but rather it was seeking to be released so that the cases/charges against them would not proceed within the local jurisdiction. There were no human rights issues raised in this Application ." 34

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