1) The Allegation relating to the Applicants' being held in custody for
three weeks
123.
The Applicants submit that they were held in custody for 3 weeks by the
authorities of the Republic of Kenya before being arraigned in court, and that
this was in violation of their basic rights. The Respondent contends that it is
directed to the Republic of Kenya, which is not a party to the instant Application.
124.
The Court reiterates its position that it lacks personal jurisdiction to
entertain allegations against the Republic of Kenya and therefore, dismisses
this allegation.
2) Allegation relating to the re-arrest after acquittal
i) Applicants' Submissions
125. The Applicants allege that their rights under Article 6 of the Charter were
violated when they were re-arrested by the Police after the trial Magistrate at
Kisutu acquitted them. The Applicants argue that after they were acquitted of
charges of armed robbery and conspiracy to commit crimes, they were
immediately re-arrested and charged before the Resident Magistrate Court of
Oar es Salaam at Kisutu with the crime of stealing contrary to section 265 and
armed robbery contrary to Section 287 of the Penal Code of the Respondent.
They claim that the re-arrest and subsequent charges of stealing and armed
robbery violated their right to presumption of innocence.
ii) Respondent's Submissions
126. The Respondent argues that the Applicants were lawfully re-arrested and
that the second charges were subsequently withdrawn in the interest of justice
and the rights of the Applicants.
iii)
The Court's Assessment
127. From the records available before it, the Court notes that on 26 March 2003,
the Applicants were arraigned at the Kisutu Resident Magistrate Court in Oar
es Salaam and charged with two counts under the Penal Code,
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16. The
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