and are currently serving their sentence at Ukonga Central Prison at Dar-es-Salaam, while two (2) died in detention in the course of the trial. 10. The three (3) who were released are: Boniface Mwangi Mburu, David Ngugi Mburu and Michael Mbaya, while the five (5) who were convicted and sentenced are: Wilfred Onyango Nganyi, Jimmy Maina Njoroge, Patrick Muthee Muriithii, Gabriil Kungu Kariuki, and Simon Ndugu Kiambuthi , and the two (2) who died in custody were: Peter Gikura Mburu and Simon Githinji Kariuki. Ill. Proceedings before the national courts of Tanzania 11 . The Applicants allege that on 24 January 2006, they were arraigned before the Moshi Resident/District Court and charged with a count of murder and three charges of armed robbery, after being accused of robbing the National Bank of Commerce Limited, Moshi Branch on 21 May 2004 and the murder of one Benedict Laurent Kimaro Mfuria at Moshi, on 26 July 2005. 12. They bring the Application before this Court on the basis of Criminal Case 2 of 2006 (conspiracy to commit an offence, contrary to Section 384 of the Penal Code and armed robbery , contrary to Section 287A of the Penal Code) at the Resident Magistrate Court Moshi and Criminal Case 10 of 2006 (murder) at the High Court of Tanzania. 13 . Before these cases could be heard, the Applicants filed Misc. Criminal Application 7 of 2006 at the High Court of Tanzania to request for leave to file orders of certiorari and prohibition in order to challenge their alleged forceful kidnapping and abduction from Mozambique. In their Application they sought: "a. an order to stay criminal proceedings against them; 6