REF:RWA/345/10/2014

DATE: 21st October 2014

MINISTER IN-CHARGE OF LEGAL AFFAIRS

KIGALI-RWANDA
RE: REQUEST FOR ASSISTANCE IN EXTRADITION OF MALI MBAYA
I present my compliments to the competent authorities of the Republic of Rwanda
and I have
the honour to request for assistance in obtaining evidence for the
purpose of a criminal investigation currently underway.
This request is made under the bilateral agreement signed by the Kenya and
Rwanda and under Legal Notice 306/1991. The evidence obtained as a result of this
letter of request cannot be used, without your consent, for any other purpose than
that specified in the request.
AUTHORITY INITIATING THE REQUEST
The investigating authority in this case is the Criminal Investigation Department
(hereinafter the CID)of the Republic of Kenya which is vested by the Constitution
of Kenya with powers to maintain law and order, to investigate all Criminal matters
and arrest criminal offenders.
This request is being submitted by the Attorney General of Kenya who is designated
by the Constitution as the prosecuting authority of Kenya. Accordingly the Attorney
General is vested with the powers to institute and undertake criminal proceedings
before any court of law in Kenya. The Attorney General is also the Competent
Authority for purposes of International Cooperation in criminal matters. He is also
the principal Legal Advisor to the Government of the Republic of Kenya and has
powers under Article 156 of the Constitution to give to such an extent as he
considers appropriate advice to the police forced in all matters relating to criminal
offences.
The Attorney General has delegated the powers to prosecute to the Director of
Public Prosecutions. The office of the Director of Public Prosecutions is seeking
assistance touching on a criminal matter that was investigated by the CID and is
pending before the Court of Kenya and which evidence indicated has connections in
the Republic Of Rwanda.
In this instance Mr. Mali Mbaya is required to come back to Kenya and answer to
charges of two counts of robbery with violence Annexed are the summons issued.
THE NEED FOR ASSISTANCE

This request of assistance is being made in the interest of justice. It will not be used
for political, military and fiscal purposes in Kenya. The information will also not be
used to imprison or try the person for an offence other than the offence for which
extradition was granted and committed before extradition.
A BRIEF SYNOPSIS OF THE CASE
On the 12th June, 2014 the CID received a complaint from one Ponda Mali ( Mr. Mali) who is
employed as the strong room custodian of Bungulia Bank. On the aforesaid date
Bungulia Bank was raided and Mr Mali reported that Mali Mbaya (Mbaya) was the
person who committed the crime. Mr.Mbaya, a citizen of Rwanda whom at the time
or arrest was a law student at the Kenya School of Law raided Bungulia Bank and
made away with K.Shs.10,000,000/=.
The brief facts of this case are that on 12th June, 2014 Mr.Mbaya went to Bungulia
Bank and made his way to Bungulias Bank strong room and took
K.Shs.10,000,000/=. It is believed that Mr.Mbaya was armed with a Cieska pistol and
a stun grenade that he used during the raid. After taking the money he forcefully
took over Claire Gurudumus motor vehicle at gunpoint, the Motor Vehicle registration number KUPU 1200 and used the car to drive to the Kenya School of
Law hostels. He rushed to his room and stashed the money in his suitcase and
vanished from his room without a trace.
Since that day nothing was heard from Mr.Mbaya until 12th September, 2014. On
this day Mr. Mali was watching news in one of the local television stations,
consequently he saw Mr.Mbaya on the television campaigning to be a Member of
the County Assembly in Rwanda, Gisenyi district. Mr. Mali immediately recognised
Mr.Mbaya as the person, who raided Bungulia Bank on 12th June, 2014.
Mr. Mali on recognising Mr.Mbaya he immediately rushed to the CID offices where he
made a report to the CID that he has seen Mr.Mbaya on television and is believed to
have run to his Country Rwanda. The CID immediately started their investigation
and found enough proof linking Mr.Mbaya and the robbery on that fateful day.
The prosecution case has progressed substantially. The Prosecution is relying on
certain documents (copies attached) that emanated from the Kenya School of Law
where Mr. Mali was studying before his disappearance. These documents are very
crucial in proving that the suspect was a student of the Kenya School of Law and
that he has never attended classes since 12th July, 2014. The prosecution also has
the CCTV footage that captured the events of that fateful day.
NATURE OF THE CASE
The action of Mr.Mbaya of raiding Bungulia Bank being armed and taking away
Claire Gurudumus car amount to criminal offence to which:
(a) Robbery with violence;
This is a criminal matter presently before the CID. Mr.Mbaya is charged with of two
counts of robbery with violence contrary to section 296(2) of the Penal Code.Havent
defined Robbery with Violence
DOCUMENTS IN SUPPORT OF THE REQUEST
We enclose the following documents in support of the request:

1. Charge Sheet.
2. Copy of Rwanda Identification Card.
3. Copy of the School Identification Card - Kenya School of Law.
RECIPROCITY BETWEEN KENYA AND RWANDA
The Attorney General at the Republic of Kenya will be grateful for any assistance
that the Competent Judicial and Administrative Authorities of the Republic of
Rwanda can offer in response to this request as the criminal activities concerned
have an adverse bearing on the National understanding and security of Kenya.
The office of the Attorney General and the Kenya Police will assist in the
investigation of any crime by the persons within the jurisdiction of the Republic of
Kenya in the spirit of Mutual Legal Assistance in the suppression of crime.
UNDERTAKING
We hereby undertake to abide by the terms and conditions of the governing
legislation in the Republic of Rwanda and Republic of Kenya.

MATSAINGO KATSANGO
HIGH COMMISSIONER FOR KENYA TO RWANDA
FOR THE ATTORNEY GENERAL

THE KENYA POLICE

POLICE CASE NO:...
COURT:..
DATE OF COURT:.
COURT FILE NO:..
CHARGE SHEET
Christian

Surname

Identity

Names in full

or

Certificat

or Name

Fathers

e No.

Sex

Nationality

Apparent
Age

MBAYA

N/A

District and

Location where
applicable)

Name

MALI

Address(include

RWANDA
N

ADULT

NAIROBI

CHARGE
COUNT I

COUNT II

ROBBERY WITH VIOLENCE CONTRARY TO SECTION 296 (2) OF

THE PENAL CODE,CAP 63 OF THE LAWS OF KENYA
SEE OVERLEAF

PARTICULARS
OF OFFENCE

MALI MBAYA: On the 12th day of June, 2014 at about 3pm at Bungulia
Bank in the Gikomba District of Nairobi City County, off Maema Road
while armed with dangerous weapons namely a Cieska pistol and a stun
grenade robbed Bungulia Bank of Ksh. 10,000,000 being the property of
Bungulia Bank.

If Accused
Arrested

Date of

Without

Date of

Bond or Bail and

Is Application

Arrest

or with

Apprehensio

Amount

made for

Warrant

n Report to
Court

No

------

Remanded or

N/A

Adjourned
Complainant
and Address

-----

----

Summons to
Issue

----

----

REPUBLIC THROUGH C. I. D CENTRAL POLICE STATION

Witnesses

Mr. Ponda Mali

Claire Gurudumu

Sentence
Court and
date

Officer in Charge

Police Station

COUNT II
ROBBERY WITH VIOLENCE CONTRARY TO SECTION 296 (2) OF THE PENAL
CODE, CAP 63 OF THE LAWS OF KENYA
Particulars of the offence
MALI MBAYA: On the 12th day of June, 2014 at about 3pm at Bungulia Bank in
the Gikomba District of Nairobi City County, off Maema Road while armed with
dangerous weapons namely a Cieska pistol and a stun grenade forcefully took over
control of motor vehicle registration number KUPU 1200 at gun point being the
property of ClaireGurudumu and drove away in it.
.
Officer in Charge

PoliceStation

THE REPUBLIC OF RWANDA

SERIAL NO:

546675668788

ID NUMBER:

6798089

MALI MBAYA
DATE OF BIRTH
23. 03 . 1989
SEX
MALE
DISTRICT OF BIRTH
KIGALI
PLACE OF ISSUE
KIGALI
DATE OF ISSUE
4. 04. 2008
MY SIGN

A RWANDESE
CITIZEN

KENYA SCHOOL OF LAW

STUDENT ID CARD

STUDENT ID CARD

MALI MBAYA
DATE OF BIRTH
23. 03 . 1989
SEX
MALE
NATIONALITY
RWANDA
COURSE
ADVOCATES
TRAINING
PROGRAMME
MY SIGN

COUNCIL OF
LEGAL
EDUCATION

ID NUMBER:

6798089

REPUBLIC OF RWANDA
IN THE CHIEF MAGISTRATES COURT AT GISENYI
MISCELLANEOUS APPLICATION NO 700 OF 2014
REPUBLIC.APPLICANT
MALI MBAYA.RESPONDENT

ORDER
(Pursuant to the provisons of Section 5((1) of the Extradition
(Contiguous and foreign Countries) Act Cap 76 Laws of Kenya)
TO: The Chief Magistrate
Gisenyi Law Courts
P.O Box 45678 9000
GISENYI,RWANDA
WHEREAS a request has been duly made to me Tharcisse Karugarama,
Attorney General of the Republic of Rwanda, on behalf of the Republic of
Kenya for the surrender of Mali Mbaya who is accused of the extraditable
offences of:1. Two counts of Robbery with Violence contrary to section 296(2) of the
Penal Code of Rwanda.
I do hereby certify that Mali Mbaya is a Rwandese citizen and it is ordered
that you issue a warrant of arrest and a committal order for him.
GIVEN under my Seal of the Attorney General at Gisenyi,
This.. day of....2014

THARCISSE KARUGARAMA,
ATTORNEY GENERAL,
RWANDA

WARRANT IN FIRST INSTANCE FOR CRIMINAL

APPREHENSION OF ACCUSED

REPUBLIC OF RWANDA
IN THE CHIEF MAGISTRATES COURT AT GISENYI
MISCELLANEOUS APPLICATION NO 700 OF 2014
REPUBLIC.APPLICANT
MALI MBAYA.RESPONDENT
WARRANT OF ARREST
(Pursuant to the provisons of Section 5((1) of the

Extradition(Contiguous and foreign Countries) Act Cap 76 Laws of

Kenya and Section 102 of the Criminal Procedure Code of Rwanda
Cap 75)
TO: The Inspector General of Rwanda
P.O Box 5677-889
KIGALI
RWANDA

WHEREASMALI MBAYA has this day been charged before this court for the
offences of:
1. Robbery with Violence contrary to section 296(2) of the Penal Code of
Rwanda.
THEREFORE you are hereby commanded forthwith to apprehend the said
MALI MBAYA and to bring him before this Court to answer to the said
charge, and to be further dealt with according to Law.
DATED this..day of.2014

..
CHIEF MAGISTRATE

AUTHENTICATION CERTIFICATE
ITHARCISSE KARUGARAMA of the Republic of Kenya do hereby certify that
the signature on the warrant of arrest is of MISS ANGE KAGAME
KWARUNZIRA, SENIOR PRINCIPAL MAGISTRATE, GISENYI RWANDA
and that all documents attested and signed by her receive full faith and
credence in Kenya.
GIVEN under my Seal of the Attorney General at Gisenyi,
This.. day of....2014

THARCISSE KARUGARAMA,
TTORNEY GENERAL,
RWANDA

REPUBLIC OF RWANDA
IN THE CHIEF MAGISTRATES COURT AT GISENYI
MISCELLANEOUS APPLICATION NO 700 OF 2014
REPUBLIC.APPLICANT
MALI MBAYA.RESPONDENT

NOTICE OF MOTION
(Under the Extradition (Contiguous and Foreign Countries Act)
Chapter 76 Laws of Kenya,Compendium of Bilateral, Regional and
International Agreements on Extradition and Mutual Legal
Assistance in Criminal Matters)
TAKENOTICE that this Honorable Court shall be moved on the 23 rd day of
October 2014 at 9.00 Oclock in the forenoon or soon thereafter where the
Applicant shall make an application before court for Orders that:
1. This application be certified as urgent and be heard Ex-partein the first
instance
2. This honorable court grant warrants of arrest against the Respondent
for purposes of having him extradited to Kenya to face charges
3. The Respondent be handed over to the Criminal Investigation
Department of Kenya for further investigation on robbery with violence.
4. The cost of this application be provided for
THIS APPLICATIONis SUPPORTEDby an annexed Affidavit of the Director of
Public Prosecution being the applicant on GROUNDS listed below:
1. THAT the respondent is being sought for to be extradited for crimes
committed within the territory of the Republic of Kenya

2. THAT the continued stay of the respondent in Rwanda as a fugitive

considering the charges against him in Rwanda will be putting the lives
of other Kenyans in danger
3. THAT the applicant has received a request from the authorities of
Kenya on the urgency of this application
4. THAT Kenya and Rwanda signed an agreement in which they commit
to support each other in the war against crimes as provided for in the
schedule of the Extradition (Contiguous and foreign countries) Act Cap
76.
5. THAT it is in the interest of justice that this matter be heard and
determined expeditiously.

Dated atGisenyi on this ... day of...2013

.
DIRECTOR OF PUBLIC PROSECUTION OF RWANDA
APPLICANT

DRAWN AND FILED BY:

THE DIRECTOR OF PUBLIC PROSECUTIONS

NSSF BUILDING, BLOCK B
P.O. BOX 41766-00100
NAIROBI.

TO BE SERVED UPON
MALI MBAYA
C/O RWANDA POLICE

REPUBLIC OF RWANDA
IN THE CHIEF MAGISTRATES COURT AT GISENYI
MISCELLANEOUS APPLICATION NO 700 OF 2014
REPUBLIC.APPLICANT
MALI MBAYA.RESPONDENTSUPPORTING

AFFIDAVIT
I MBOSS MPOA, the DIRECTOR OF PUBLIC PROSECUTION of the
Republic of Rwanda do hereby make an oath and state as follows:
1.

THAT I am an adult of sound mind and the applicant in this matter

2.

hence competent to swear this affidavit.

THAT the Republic of Kenya and Rwanda signed a bilateral agreement
on extradition under which each country commits to ensuring that any
fugitive suspected of having committed a crime in any of the two
countries is surrendered to the requesting state for purposes of facing

3.

charges.
THAT before extradition, the procedures stipulated in the Act must be
complied with to ensure that the said fugitive is given a fair trial and

4.

his rights are not infringed.

THAT the Government of the Republic of Kenya has written to us as
requesting that we extradite Mali Mbaya a Rwandese citizen resident of

5.

Gisenyi, Rwanda who is currently believed to be in Rwanda

THATMali Mbaya is suspected to be have stolen Kenya Shillings ten
Million (Kshs 10,000,000/-) frimBungulia bank in Gikomba district,

6.

Nairobi County while armed with a Cieska pistol and a stun grenade.
THAT all these offences of robbery with violence is an extraditable
offence as it is an offence in both countries capable of being tried in

either the Kenyan orRwandese courts

7. THAT the offences in question are not political in nature

8. THAT both Kenya and Rwanda authority have complied with the
requisite extradition procedures in making this application
9. THAT the rights of Mali Mbaya shall not be violated in anyway
10.
THAT it is in the interest of justice and protection of the rights of
11.

other citizens that the extradition order be granted

THAT the facts stated in this Notice of Motion are a true representation

of facts as they are

12.
THAT I have not made any application of the same nature in any
13.
14.

other court over the same subject matter

THAT I swear this affidavit in support of this Notice of Motion
THAT the facts deponed in this affidavit are true to the best of my
knowledge, information and belief.

SWORN by the said

)..
MBOSS MPOA this
)DEPONENT
23RD day of |October 2014
AT NAIROBI
BEFORE ME:

)
)

COMMISSIONER FOR OATHS

DRAWN AND FILED BY:

THE DIRECTOR OF PUBLIC PROSECUTIONS

GISENYI COURTS BUILDING,
P.O. BOX 73310-00200
GISENYI
TO BE SERVED UPON
MALI MBAYA

REPUBLIC OF RWANDA
IN THE CHIEF MAGISTRATES COURT AT GISENYI
MISCELLANEOUS APPLICATION NO.OF 2014
REPUBLIC.APPLICANT
MALI MBAYA.RESPONDENT
COMMITAL ORDER
(Pursuant to the order of the Court issued on 21 st September 2014 by the
Honorable A.K Kwarunzira, Chief Magistrate)
TO: THE OFFICER IN CHARGE
GISENYI REMAND PRISON
P.O BOX 73310 00200
GISENYI
Be it remembered that on this 21st day of September 2014, MR. MALI MBAYA of
Gisenyi City, Rubavu District, Western Province of Rwanda was brought before me
pursuant to an order issued by TharcisseKarugarama, The Attorney General under
Section 5(1) of the Extradition (Contiguous and Foreign Countries) Act Cap 76, on
the grounds that he was alleged to have committed the offence; Robbery with
Violence punishable under the Kenyan Law.
This is therefore to command you, the officer in charge, Gisenyi Remand Prison,
forthwith to receive the said MR. MALI MBAYA into your custody and to keep him
safely therein until he delivered pursuant to the provisions of Section 8(3) of the
Extradition (Contiguous and Foreign Countries) Act Cap 76 for which THIS SHALL BE
YOUR WARRANT.
Given under the Hand and the Seal of this Honourable Court at Gisenyi, Rwanda
on this...day of ..2014

..
CHIEF MAGISTRATE