Terror suspect’s wife wants case moved

By JUDY OGUTU

The High Court has been asked to refer to the East African Court of Justice an application challenging the extradition of a Kenyan to face charges over the Kampala bombings.

The wife of a man facing capital offences in Uganda, Mrs Saida Rosemary, has filed the application on behalf of her husband, Mr Christopher Magondu alias Idris Magondu.

He is facing 89 charges ranging from terrorism to murder and attempted murder in Uganda.

Rosemary is urging the High Court to refer the case to the EACJ so the court can rule whether the Treaty for the establishment of the East African Community "recognise, preserve and enjoin protection of the inherent fundamental human rights and freedoms of individuals within the region".

These rights include fair hearing and fair judicial extradition proceedings before surrender.

EACJ will also determine whether provisions of Article 124 of the Treaty for establishment of EAC are self executing, conferring sufficient legal authority on an individual partner state to arrest within her territory and surrender to another partner state alleged criminal fugitives without fair judicial extradition proceedings.

Through her advocate, Mr Mbugua Mureithi, she wants the proceedings to be put on hold pending the preliminary ruling.

She argues the Police Commissioner, Commandant of the Anti-Terrorism Police Unit (ATPU) and the Attorney General have invoked provisions of article 124 of the Treaty to defend their move to arrest and surrender those facing terrorism offences to Ugandan authorities.

Magondu and others were committed to stand trial on terrorism, murder and attempted murder under the Ugandan laws on November 30, last year.

The case will be heard next Wednesday.