High Court Corruption and Economic Crimes Division - 2018 August

3 judgments
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3 judgments
Citation
Judgment date
August 2018
High Court granted bail under EOCCA, imposing statutory s36(5) and s36(6) conditions for loss exceeding Tshs.10 million.
Jurisdiction under EOCCA s29(4)(d) – bail applications where alleged loss exceeds Tshs.10,000,000; Procedural regularity – defective counter-affidavit struck for undated jurat; Bail as a right – offences bailable; Mandatory bail conditions EOCCA s36(5) (half cash deposit where property value ≥ Tshs.10M, surrender passport, appearance, movement restriction); Additional conditions EOCCA s36(6) (reporting, locality restrictions, verification of sureties).
29 August 2018
Applicant charged with economic offences granted bail pending trial, subject to cash/immovable security, sureties, travel surrender, and reporting.
* Criminal procedure – Bail under EOCCA – jurisdiction of High Court to hear bail applications for economic offences – applicability of sections 29(4)(d) and 36(1) of EOCCA. * Bail conditions – security amount or immovable property equivalent, reliable sureties with bond amounts, residency/identification requirements, surrender of passport, reporting to Regional Crimes Officer, verification by Resident Magistrate. * Procedural – absence of DPP objection considered in exercise of judicial discretion to grant bail.
21 August 2018
High Court granted conditional bail under EOCCA where alleged property value exceeded Tshs.10 million, applying statutory and discretionary factors.
Corruption/Economic Crimes – Bail under EOCCA – High Court jurisdiction where alleged property value exceeds Tshs.10 million; factors for bail: seriousness, stage of investigation, risk of absconding or evidence tampering; conditional admission to bail (deposit, sureties, travel restrictions, reporting).
14 August 2018