Tanzania denies illegally arresting Kenyans in Maputo

Applicant's lead counsel Don Deya discusses a point with respondent's lawyer Nkasori Sarakika (left) at the African Court on Human and Peoples' Rights in Arusha, May 21, 2015. PHOTO | LUCAS BARASA | NATION MEDIA GROUP 

In Summary

• Tanzanian authorities are said to have illegally and forcefully arrested Kenyans in Maputo, Mozambique, to face robbery charges.
• The Kenyans were arrested in 2006 and have since been sentenced to 30 years in jail.
• Two of the suspects, Peter Kariba and John Odongo Odhiambo, died in custody.
• The Kenyans complained of prolonged trial due to frequent adjournment of their case, lack of legal aid, torture and beating by police and in prison among other things.
• Lawyer Don Deya for the Kenyans told the African Court on Human and Peoples' Rights in Arusha, Tanzania, that his clients were also tortured.

By LUCAS BARASA
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ARUSHA, TANZANIA

The Tanzanian government has denied unlawfully and forcefully arresting 10 Kenyans in Maputo, Mozambique, who faced charges of robbery in Tanzania.

The Tanzanian Attorney-General's office acting director of human rights department, Ms Nkasori Sarakika, and counsel Timon Vitalis said the Kenyans were arrested in Mwalimu Nyerere International Airport after being brought by Mozambican military aircraft.

Mr Vitalis said Tanzanian law was followed in the arrest of the Kenyans in the country's territory. "Tanzanian police never arrested the applicants in Mozambique," he said.

The two were responding to the Kenyans' complaints that Tanzanian authorities illegally and forcefully arrested them in Maputo, Mozambique, before bringing them to Tanzania to face murder and robbery charges.

Lawyer Don Deya for the Kenyans told the African Court on Human and Peoples' Rights in Arusha, Tanzania, that his clients were also tortured.

HUMAN RIGHTS VIOLATIONS

The Kenyans, who have sued the Tanzanian government for alleged human rights violations, are Wilfred Onyango Nganyi, alias Dadii, Peter Gikuru Mburu, alias Kamau, Jimmy Maina Njoroge, alias Ordinary and Patrick Mutheee Muriithi, alias Musevu.

The others are Simon Githinji Kariuki, Boniface Mwangi Mburu, alias Bonche, David Ngigu Mburu, alias Mike, Gabriel Kungu Kariuki and Simon Ndungu Kiambuthi, alias Kenen.

Two of the suspects, Peter Kariba and John Odongo Odhiambo, died in custody in Tanzania.

The Kenyans were arrested nine years ago and have since been sentenced to 30 years in jail for armed robbery.

The Kenyans allege in their application that they were lawfully in Mozambique looking for business opportunities on January 16, 2006, when they were kidnapped and put on a military aeroplane bound for Tanzania.

The African Court judges led by vice-president Elsie Thomson on Thursday heard the Kenyan case and are to rule on various applications made by the applicants in the next 90 days.

The Kenyans complained of prolonged trial due to frequent adjournment of their case, lack of legal aid, torture and beating by police and in prison among other things.

The Tanzanian government, through Ms Sarakika and Mr Vitalis, denied the allegations.

NATURAL COURSES

They said the two Kenyans who died in custody succumbed to natural causes and that the cases facing the Kenyans were delayed a number of times due to failure by their lawyers to attend court.

They added that all the criminal cases facing the Kenyans have since been completed and only an appeal they had lodged was pending.

The defence said the main cause of adjournments was incomplete investigations.

The Tanzanian government lawyers said the Kenyans were lawfully charged and that it was wrong for them to challenge it at the African Court before exhausting all the local channels.
"There are no human rights issues in the their application," Ms Sarakika said.

She said the cases facing the Kenyans took long because investigations were done in three countries-Kenya, Mozambique and Tanzania. The cases, she added, were also complex and serious.
The defence prayed to the African Court to declare that Tanzania violated the Kenyans rights to be tried within reasonable time and also denied them legal aid.

30-YEAR JAIL TERM
The African Court will on Friday also hear another application of Mr Abubakari, a Tanzanian, challenging his conviction of 30 years jail for two counts of armed robbery in July 1998 by the District Court of Moshi.

The court will hold its 37th Ordinary Session from May 18 to June 5 at its seat in Arusha.

The judges, among others, will consider and adopt the Mid-term Activity Report of the court to be submitted to the 25th African Union summit in June in South Africa, and examine applications already before it.

The public hearings are being held at the Kibo Hall at the AfCHPR premises at the Tanzania National Parks (TANAPA) buildings, Burka area, along Dodoma Road.

The judges session was preceded by a pilot media training of 20 senior editors and journalists from East Africa on the role of media to promote the African Court.

The training was jointly organised by the African Court and the German International Development Agency (GIZ).