I.
THE PARTIES
1. The Applicants, Mr. Kennedy Owino Onyachi and Mr. Charles John Mwaniki
Njoka, are citizens of the Republic of Kenya. They are convicted prisoners who
are currently serving a sentence of thirty (30) years' imprisonment for the crime
of aggravated robbery at the Ukonga Central Prison in Dar es Salaam, United
Republic of Tanzania.
2. The Respondent is the United Republic of Tanzania. The Respondent became
a State Party to the African Charter on Human and Peoples' Rights (hereinafter,
referred to as "the Charter") on 18 February 1984, and the Protocol on 7
February 2006; and deposited the declaration accepting the competence of the
Court to receive cases from individuals and Non-Governmental Organizations
on 29 March 2010.
II.
SUBJECT MATIER OF THE APPLICATION
3. The Application was brought by the Applicants on 7 January 2015. The
Application reveals that the Applicants were first arrested in Kenya on 30
November 2002, on suspicion of having committed robbery in the United
Republic of Tanzania. They remained in custody until 20 December 2002, when
they were arraigned before the Resident Magistrate at the Nairobi Law Courts
on charges of armed robbery.
4. Following a request in 2002 for the Applicants' extradition to Tanzania, the
Resident Magistrate at the Nairobi Law Courts ordered on 21 March 2003, that
the Applicants be extradited to the United Republic of Tanzania to answer
armed robbery charges against them. The Resident Magistrate then granted
the Applicants leave to appeal the order within 14 days.
5. On 22 March 2003, before the expiry of the 14 days' time for appeal against the
order, the Applicants were bundled by Kenyan and Tanzanian police straight
into waiting Police cars and transported to Tanzania. However th
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elatives of
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