b. an orde r of certiorari to quash their committal to
trial on the
preliminary inquiry on the charge of murder;
c. an orde r of certiorari to quash their arrest and the
original four
criminal charges as based on illegal and unlawful
actions by
the police and Immigration services.
d. an order prohibiting the Resident Magistrate,
Moshi, from
hearing or determining the criminal case against them
;
e. an order for their Immediate release and for resto
ration of their
property which included passports , unused air ticket
s, Kenyan
identity cards , international vaccination certificates , ATM
cards ,
frequent flier cards , US$29,047 , KSh28,000 , four mobi
le phones,
three gold rings, wrist watches and shoes; and
f.
costs".
14. On 1 June 2006 , the High Court of Tanzania gran
ted the Applicants leave to apply
for orders of certiorari and prohibition, but declined
to order stay of proceedings.
15 . After the grant by the High Court, the Applicant
s filed Criminal Application 16 of
2006. to request for prerogative orders of certiorari
and prohibition as follows:
"a. An order to stay proceedings in Moshi District Cour
t, Criminal
Cases 647 of 2005 , and 2 of 2006 and committal proc
eedings
in Preliminary Inquiry No. 26 of 2006 which are pend
ing before
the Resident Magistrate, Moshi, who was cited as
the fourth
Respondent;
7