High Court Corruption and Economic Crimes Division - 2018 November

6 judgments
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6 judgments
Citation
Judgment date
November 2018
Accused in an economic offence granted bail; court imposed cash/property security, sureties, surrender of travel documents, and reporting conditions.
* Criminal procedure – Bail under EOCCA (sections 29(4)(d) and 36(1)) – High Court jurisdiction where value exceeds TShs.10,000,000/=. * Bail as a right – presumption of innocence – refusal only where ends of justice would be defeated. * Conditions for bail – cash or immovable property security, sureties executing bonds, surrender of travel documents, reporting and jurisdictional restrictions (section 36(5)).
27 November 2018
Court granted bail under EOCCA for alleged unlawful possession of government trophies, subject to cash, sureties and reporting conditions.
* Criminal procedure – Bail – Application under Sections 29(4)(d) and 36(1) EOCCA – Competency and jurisdiction of Corruption and Economic Crimes Division where alleged economic offence value exceeds Tshs.10,000,000. * Criminal law – Offence: unlawful possession of government trophies – bailability; exercise of judicial discretion where respondent unopposed. * Bail conditions – cash/immovable security, sureties’ bonds, travel restrictions, surrender of travel documents, reporting and verification of sureties.
22 November 2018
High Court granted bail in an economic crime case, finding competence and jurisdiction under EOCCA, subject to specified conditions.
* Criminal law – Economic offences – Bail application under EOCCA – Jurisdiction of High Court where value of charged property exceeds ten million shillings and trial not yet commenced. * Criminal procedure – Competency of bail application under ss.29(4)(d) and 36(1),(5) EOCCA. * Bail conditions – monetary deposit or immovable property, sureties and reporting requirements; verification by Resident Magistrate’s Court.
22 November 2018
High Court granted bail in economic offence matter, imposing deposit and surety, travel and reporting conditions.
Economic and Organized Crime Control Act – Bail pending trial – Jurisdiction where value of property charged exceeds TSh 10,000,000 – Committal proceedings pending – Conditions of bail: deposit amount, immovable property, sureties, travel restrictions, surrender of travel documents, reporting and verification.
21 November 2018
Money laundering is statutorily non‑bailable and charge‑sheet defects are premature to decide in this bail application.
* Criminal procedure – Bail – Money laundering – Statutory bar on grant of bail for money laundering under amended s.148(5) CPA; * Procedure – Pretrial/committal stage – Challenge to charge sheet premature under s.234 CPA; * EOCCA – Jurisdiction in bail applications confined to statutory bail considerations.
13 November 2018
High Court granted bail under EOCCA with cash deposit, sureties, travel restrictions and reporting conditions to secure attendance.
* Criminal procedure – Bail – Economic offences under EOCCA – Jurisdiction of High Court to grant bail for offences involving property value above Tshs.10,000,000. * Bail conditions – deposit and sureties – application of sharing principle and consideration of section 36(5) EOCCA. * Rights – presumption of innocence and accused’s right to bail where offences are bailable. * Procedural – respondent’s non-objection and verification of sureties by Resident Magistrate.
9 November 2018