Republic vs Nicholas Alfred Kiyabo [1987] TZHC 18 (1 July 1987)


Bahati, J.:  This is an application for bail pending the determination of the appeal filed by the applicant.  The reasons for this application are that the appeal has overwhelming chances of success. H
The Republic opposed this application arguing that there were no overwhelming chances of success.
Mr. Mkamanga, learned State Attorney, for the Republic cited authorities to show that it is very rare for bail to be granted pending appeal (See Rex v A. BITLR 118 and I Hassanali v Rep. [1968] H C D 174).

After perusing the record, I am not convinced that there are overwhelming chances of A success in the appeal preferred by the applicant.  The evidence consists of eye witnesses supported by documents.  There may be chances of the appeal succeeding in this case but not overwhelming chances of success.
There is nothing on the record of the lower court which indicates that the appeal is B bound to succeed.  The reason advanced for the release of the appellant on bail pending appeal is that the appeal has overwhelming chances of success.  But this reason advanced for the bail application is not present in this case where there is both oral and C documentary evidence connecting the appellant with the offences charged.  Consequently this application cannot succeed and it is dismissed.
D   Application dismissed.


▲ To the top