IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA
DAR ES SALAAM DISTRICT REGISTRY
AT DAR ES SALAAM
MISCELLANEOUS CRIMINAL APPLICATION NO. 6067 OF 2024
(Arising from Economic Case No. 48 of 2023 at the Resident Magistrate Court of Dar es Salaam at Kisutu)
YUSUPH SELEMANI KILEO…….………..……………………..APPLICANT
VERSUS
REPUBLIC……………………………………………………….RESPONDENT
RULING
Date of last order: 13th March 2024
Date of Ruling: 14th March 2024
MTEMBWA, J.:
Under section 29 (4) (d) and section 36 (1) of the Economic and Organized Crime Control Act, Cap 200, RE 2022, the Applicant is seeking for bail pending trial of Economic Case No. 48 of 2023 at the Resident Magistrate Court of Dar es Salaam at Kisutu. The same was brought by a Chamber Summons supported by an affidavit of the Applicant.
Briefly, from the facts as revealed by the attached documents, the Applicant, together with his co-accused one Elia Kalenzo Yohana Kibga, stands charged of an economic crime case at the Resident Magistrate Court of Dar es salaam at Kisutu. The amount involved is more than Tanzanian shillings Ten Million, far and beyond the Jurisdiction of the trial Court to hear and or determine the bail Application. While the matter remained pending, the Applicant applied before this Court for bail consideration pending trial.
When this matter was called up for hearing, Ms. Mossie Kaima, the learned State Attorney appeared for the Republic while the Applicant appeared in person. Ms. Kaima informed this Court that, the Republic has no intention to resist or oppose the Application. He implored this Court to consider however, section 29 (4) of the Economic and Organized Crimes Control Act (Supra) and section 148 of the Criminal Procedure Act, Cap 20 RE 2022. On his part, the Applicant had nothing substantial to add. He promised to adhere to the bail conditions as may be set by this Court.
Having considered the application and the arguments by the learned state attorney, the question here is whether the Applicant deserves to be granted bail pending trial. Considering the fact that the offenses to which the Applicant stands charged are bailable, and considering the fact that the Republic has not resisted the Application, I see no reason not to grant it as sought. In the result, this application is granted.
I have gone through the Charge and noted that, the Applicant together with his co-accused have been, among other counts, charged of occasioning loss to the specified authority to the tune of the sum of Tsh. 7,065,414,562/=, equal to Tsh. 3,532,707,281/= if divided to all two accused persons. In that stance, the Applicant is involved in the loss to specified authority to the tune of the sum of Tsh. 3,532,707,281/=. The half of it therefore is Tsh. 1,766,353,640.5/=
In the event, in view of sections 36 (5) (a) (b), (c), (d) and 36 (6) (a) of the Economic and Organized Crime Control Act (supra), bail pending trial is granted subject to the following conditions.
-
The Applicant shall deposit to this Court the sum of Tsh. 1,766,353,640.5/= OR deposit to this Court the Title Deed (s) of the immovable property (ies) valued at or worth of Tsh. 1,766,353,640.5/=. This has been arrived at in view of section 36 (5) (a) of the Economic and Organized Crime Control Act (supra)
-
The Applicant shall in addition, execute a bail bond of Tsh. 1,766,353,640.5/=
-
The Applicant is ordered to report to Dar es Salaam Central Police Station at the end of every month.
-
The Applicant is ordered to surrender all of his travelling documents including passport.
-
The Applicant shall have two reliable sureties with fixed place of abode in Dar es Salaam Region.
-
The two sureties in (5) above shall execute a bail bond of the sum of Tsh. 1,766,353,640.5/= each.
-
The above bail conditions shall be approved by the learned Deputy Registrar of this Court.
I order accordingly.
DATED at DAR ES SALAAM this 14th March 2024.
H.S. MTEMBWA
JUDGE
Ruling is delivered in the presence of Ms. Mossie Kaima, the learned State Attorney for the Republic and the Applicant who appeared in person.
H.S. MTEMBWA
JUDGE
5