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Citation
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Judgment date
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| November 2018 |
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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)).
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27 November 2018 |
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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.
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22 November 2018 |
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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.
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22 November 2018 |
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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.
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21 November 2018 |
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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.
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13 November 2018 |
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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.
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9 November 2018 |