TANGA MUNDEKE D. K. ALIAS BENDE ALIAS JEAN CLAUDE ALIAS IBORO BARODO V. REPUBLIC

JUDGMENT OF THE COURT

There is a lack of important details in the record of proceedings in the Senior Principal Magistrate's Court as to whether crucial provisions of the Extradition (Contiguous and Foreign Countries) Act under which the Appellant it would seem, was arrested and ordered to be extradited, had been complied with.

Sections 5(1) and 6(1) of the Act requires that a diplomatic representative or consular officer in this case of Uganda, shall first send to the Minister in Kenya, a requisition for the surrender of the Appellant, who may then require a magistrate to issue a warrant for the arrest of the Appellant to appear before the magistrate. But where the Appellant is arrested on a warrant without the order of the Minister, he should be discharged by the magistrate unless he receives from the Minister within a reasonable time, the latter's order signifying that a requisition for the surrender of the Appellant, had been made. There is no evidence that any of these mandatory pr…