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Citation
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Judgment date
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| October 2018 |
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Applicant charged with unlawful possession of government trophies admitted to bail subject to half-value deposit and stringent conditions.
* Bail – EOCCA ss.29(4)(d), 36(1) and 36(5)(a) – jurisdiction to hear bail applications; bail as a right subject to lawful conditions where alleged government trophies value exceeds Tshs.10,000,000/-. * Requirement of cash deposit equal to half the alleged value or acceptable immovable property; remainder secured by bonds; sureties; surrender of travel documents; reporting obligations.
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31 October 2018 |
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Court granted bail under EOCCA subject to specified financial security, sureties, passport surrender and reporting conditions.
Bail — jurisdiction under EOCCA ss 29(4)(d) & 36(1) — offences bailable — bail is ordinarily a right — conditions: cash deposit or immovable property, two sureties with bonds, surrender of travel documents, monthly reporting, permission to leave jurisdiction.
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31 October 2018 |
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High Court granted bail under EOCCA, requiring half-value cash deposit for government trophy exceeding Tshs.10 million.
* Criminal procedure – Bail – High Court jurisdiction under EOCCA s29(4)(d) and s36(1) where subordinate court declines due to property value; application of s36(5)(a) requiring half-value cash deposit for property worth Tshs.10,000,000 or more. * Bail is a constitutional right; seriousness of alleged offence alone does not bar bail. * Bail conditions: cash deposit/immovable property security, sureties, travel restrictions, reporting and verification.
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29 October 2018 |
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Bail application struck out where the Drugs Act made the trafficking charge non-bailable and EOCCA alone could not properly move the court.
Bail – Drugs Control and Enforcement Act – statutory non-bailable offences determined by weight threshold – procedural primacy of Drugs Act over EOCCA – section 29(4) importing section 148 CPA – bail applications not for trying merits of charges.
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26 October 2018 |
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Court granted bail in an economic crime case, imposing cash deposit, sureties, travel surrender and reporting conditions.
* EOCCA – Bail – Jurisdiction to entertain bail applications where charged property exceeds TShs10,000,000 – Sections 29(4)(d) and 36(1).
* Bail – Bailability of offences of unlawful possession of government trophy and leading organized crime.
* Bail conditions – Application of section 36(5) EOCCA when imposing conditions (cash deposit, sureties, surrender of travel documents, reporting requirements).
* Allegations of police mistreatment and ill-health – put to strict proof and not sufficient to deny bail absent persuasive evidence.
* Respondent’s lack of objection – relevant to assessment of flight risk/attendance.
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23 October 2018 |
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Court granted bail to applicants charged with economic offences, finding High Court jurisdiction where value exceeds ten million shillings.
* Economic offences – jurisdiction for bail – Corruption & Economic Crimes Division where value involved exceeds ten million shillings; * Bail pending trial – presumption of innocence and bailability of charged offences; * Bail conditions – cash/immovable security, sureties, surrender of travel documents, reporting and verification per EOCCA provisions.
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15 October 2018 |
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A valid DPP certificate under EOCCA s36(2) bars bail; absence of a seal is not fatal and applicants remain remanded.
* EOCCA s36(2) – DPP certificate objecting to bail – validity test (DPP v Ally Nuru Dirie) – in writing; states likely prejudice to safety/interest of Republic; relates to pending criminal case. * Absence of DPP seal not fatal if signed. * DPP not required to give reasons in certificate; certificate challenge permissible only for bad faith or abuse of process. * Constitutional challenge to s36(2) inappropriate in bail application; prior decisions uphold constitutionality.
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11 October 2018 |
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The applicant was granted bail under EOCCA after the High Court found jurisdiction and imposed cash, sureties, travel and reporting conditions.
Criminal procedure – Bail under EOCCA – Jurisdiction where charged property exceeds TSh 10,000,000 and absence of committal proceedings or DPP certificate; bailability and appropriate bail conditions (cash/immovable security, sureties, travel restrictions, reporting, verification).
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4 October 2018 |
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High Court granted bail in an economic offence (value >TSh10M) with conditions under the EOCCA.
* Criminal procedure – Bail – Economic and Organized Crime Control Act (EOCCA) – jurisdiction of High Court where value of charged property exceeds TSh10,000,000; * Bail conditions – use of cash deposit or immovable property, requirement of reliable sureties and bonds, surrender of travel documents, reporting and residence restrictions; * Procedural competency – bail application under sections 29(4)(d) and 36(1), and conditions under sections 36(5) and 36(6) EOCCA.
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2 October 2018 |
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Bail granted for economic offence under EOCCA where charged property exceeds TShs.10,000,000, subject to specified financial and reporting conditions.
Economic offences — Bail under EOCCA (ss. 29(4)(d), 36(1), 36(5)–(6)) — Jurisdiction where charged property value exceeds TShs.10,000,000 — Grant of bail in absence of prosecution objection — Conditions: cash deposit/immovable property, sureties, surrender of travel documents, OC-CID reporting, verification by Resident Magistrate.
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2 October 2018 |