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.