any, had to be sent within thirty (30) days. None of the Parties
sent any observations on the verbatim record.
Historical and factual background to the Application
52.
On 12 September 2007 , the Applicant's wife, Nakuhoja
Moses Miyombo, who was expectant at the time, was detained by
the Police in connection with an alleged robbery which had
occurred in Arusha on the same day. The Applicant alleges that
his properties were also seized by the Police on the same date,
without a certificate of seizure or a search warrant. All these
happened in his absence . On his return to Arusha on 26 October ,
2007 , the Applicant went to the Police Station to find out why his
wife was being held by the Police and why his property had been
seized . He was then detained by the Police from that day until 8
November 2007 when he was, for the first time, brought before
Court. Thereafter he remained in custody pending trial until his
release on 3 May 2013.
53.
The Applicant was
charged
with
several
counts
of
conspiracy, robbery , murder, armed robbery , rape and kidnapping
as follows:
1.
Criminal Case No. 915/2007 dated 8 November 2007
wherein the Applicant was jointly charged with Akida
Mohamed, with conspiracy to commit an offence and
stealing . This case eventually became Criminal Case No.
712/2~ /
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21
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~S-~~0.