BY SPECIAL CORRESPONDENT
THE court of appeal has given a nod for the extradition of  Kenyan suspect Patrick Ayisi Ingoi to face  trial in Tanzania for robbery.
Ayisi is believed to have been involved in the 2004 heist at the national Bank of Tanzania in which of TZ 5 billion was lost.
Judges Philip Waki, Roselyne Nambuye and Patrick Kiage of the court of appeal dismissed an objection by Ingoi and ordered that he be taken to Tanzania to face the case.
The suspect who was in court as the verdict was read  was arrested after the  pronouncement of the judgement and taken to Kilimani police station under tight security awaiting extradition to neighbouring country.
Ingoi and fugitive Wilfred Onyango Ngangi were among  the suspects involved in the  robbery who included  Tanzanians also, police sources intimated.
Fair trial  in Tanzania
Extradition  proceedings were  commenced by the  office of the Attorney General before Senior Principal Magistrate’s court  who unfortunately opted to shield the suspect and  dismissed the AG’s extradition request on grounds   the suspects “could not get fair trial  in Tanzania.”
The AG then lodged the appeal terming the magistrate’s decision “flawed”  and the matter  was first 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 criminal  trial.
Ingoi being  aggrieved by the decision of   justice Ojwang’  filed an appeal which he has now lost.
The three judges of the court of appeal said  Ingoi according to evidence tendered  before the magistrate court was   not identified at the scene of the crime, but was found  with large sums of money amounting to KSh170 million in his house located at Jacarada Estate in Donholm,  Nairobi.
Property in Kenya
The appellate court jury said  he was also found to have acquired property in Kenya in form of land and new motor vehicles in “suspicious circumstances coming soon after the robbery incident.”
Ingoi’s suspected accomplice,  Nganyi, is said to have taken refugee in Mozambique after they were  discharged by the magistrate.
Senior  director of Public Prosecution  Moses O’mirera, told the appellate court the role of the magistrate was only to determine whether there was  an extraditable offence under  Cap 76 of the  constitution.
“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…” O’mirera told the court.

Omirera  affirmed that the offence of robbery with violence is extraditable…saying the  magistrate in discharging the suspects  “overreached herself in evaluating the evidence before her” an arguement upheld by the three judge bench.