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Citation
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Judgment date
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| April 2018 |
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A valid DPP certificate previously upheld bars the Court from granting bail; fresh bail application struck out.
* Criminal procedure — Bail — Effect of a DPP certificate under EOCCA s36(1)-(3) — Valid certificate bars grant of bail while in force.
* Doctrine of functus officio — Finality of decisions; interlocutory rulings do not necessarily render court functus officio.
* Subsequent bail applications — Improper if prior grounds are static and unchanged; change of circumstances or lifting of certificate may justify rehearing.
* Practice — Proper practice is to bring subsequent bail applications before the same judge where practicable.
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18 April 2018 |
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A DPP's bail-objection certificate is invalid if it fails to correctly identify the pending criminal case.
EOCCA s36(2) — DPP’s certificate objecting to bail — validity tests (Dirie/Li Ling Ling/Massawe) — requirement to relate to a specific pending case — incorrect case citation renders certificate invalid — bail application to be heard on merits.
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17 April 2018 |
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Applicants charged with economic and explosives offences granted bail subject to substantial cash/title security, sureties, reporting and travel restrictions.
* Criminal procedure – Bail pending trial under the Economic and Organized Crime Control Act – whether offences are bailable and appropriate bail conditions.
* Bail security – cash deposit equal to half the value of property involved where value exceeds Tshs.10 million; alternative immovable property security with title, valuation and Registrar approval.
* Sureties and conditions – requirement of two reliable sureties (each bond Tshs.5,000,000), travel restriction, monthly reporting and court attendance.
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17 April 2018 |
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Applicants charged with unlawful possession of government trophies admitted to bail subject to deposit, sureties and travel restrictions.
* Criminal procedure – Bail – Admission to bail for economic offences involving government trophies – Jurisdiction under EOCCA where property value exceeds TShs.10,000,000 – Conditions including cash/immovable deposit, sureties and travel restrictions.
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12 April 2018 |
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DPP's certificate objecting to bail upheld despite titling errors; bail refused under section 36(2)–(3) EOCCA.
* Criminal procedure – DPP certificate under section 36(2) EOCCA – competency and validity tests; effect of procedural/formal defects in titling; timing of filing and prejudice; evidential requirement for allegations of bad intent.
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12 April 2018 |
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Bail application struck out after court found DPP's s.36(2) certificate valid and operative.
* Criminal procedure – bail – DPP's s.36(2) EOCCA certificate – validity test (written; states safety/interest likely prejudiced; relates to criminal proceedings) – effect under s.36(3) – court cannot grant bail once valid certificate filed unless withdrawn or proceedings conclude. * Challenges of bad faith, delay, or requirement for detailed reasons require evidence; constitutional/parimateria challenges belong in appropriate forum.
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11 April 2018 |
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A valid DPP certificate under s.36(2) EOCCA bars bail and the court must strike out the bail application until proceedings conclude.
* Criminal procedure – DPP certificate under s.36(2) EOCCA – validity requisites (in writing; certifies prejudice to safety/interests; relates to pending proceedings) – bad faith/abuse as exception. * Statutory interpretation – in pari materia principle not applied where Court of Appeal recently declined to do so in criminal context. * Bail – effect of valid DPP certificate: court precluded from admitting accused to bail until withdrawal or conclusion of proceedings.
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10 April 2018 |
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Court granted bail to two applicants with conditions and required the foreign applicant to prove a fixed abode before bail.
* Criminal procedure – Bail – right to bail where offences are bailable – primary consideration is availability and adequate security. * Jurisdiction – High Court jurisdiction under EOCCA for committal/bail applications in economic offences. * Foreign nationals – nationality alone not determinative; absence of fixed abode relevant to risk of non‑attendance. * Evidence – affidavit evidence required; oral submissions cannot substitute replies to counter‑affidavits. * Conditions – cash/immovable security, reliable sureties, surrender of travel documents, reporting and verification obligations.
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5 April 2018 |