BY SAM ALFAN.
A Kenyan Patrick Ayisi Ingoi will now be extradited to Tanzania to face criminal trial after losing an appeal.
Ingoi has been fighting the extradition charges after he was allegedly involved in a robbery incident in 2004, where Tsh 5 billion is suspected to have been stolen.
The robbery was committed at the National Bank of Tanzania in Moshi, the said amount was stolen at gun point, the incident took place on 21 May 2004.
In the judgement Justices Philip Waki, Roselyne Nambuye and Patrick Kiage dismissed Ingoi’s appeal and ordered that he be taken Tanzania to face the charges.
Ingoi was promptly arrested in court after the pronouncement of the judgement and taken to Kilimani police station awaiting extradition to Tanzania.
Ingoi and fugitive Wilfred Onyango Ngangi were among the suspects involved in the robbery who included some Tanzanians.
The extradition proceedings were commenced by the office of the Attorney General before Senior Principal Magistrate Kavedze Mochache who dismissed the AG’s application saying the suspects could not get fair trial in Tanzania.
The AG appealed against the decision of the Magistrate and the matter was heard by Justice Jackton Ojwang who after hearing parties set aside the judgement of the subordinate court and ordered Ingoi to be taken to Tanzania to face trial.
The suspect was aggrieved by the decision of the judge and filed appeal and the three judges said that Ingoi according to evidence tendered before the magistrate court was not identified at the scene of the crime, but was found with large sum of money amounting to Sh170 million in his house located at Jacarada Estate in Donholm Nairobi.
They said he acquired property in Kenya including land and new motor vehicle in suspicious circumstance coming soon after the robbery incident.
Ingoi his accomplice Nganyi is said to have taken refugee in Mozambique after they were discharged by the Magistrate.
Senior director of Public Prosecution Moses Omirera, told the appellate court that the role of the magistrate was only to determine whether there was an extraditable offence under Cap 76 of the constitution.
He said the extradition proceedings commenced by the AG were properly before the Magistrate as 18 witnesses testified and identified the suspects having been involved in the robbery.
Mr Omirera submitted before the three judges that the offence of robbery with violence is extraditable. He said the magistrate in discharging the suspects she overreached herself in evaluating the evidence before her.
