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Citation
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Judgment date
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| December 2018 |
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The Division lacked jurisdiction to hear the applicants' EOCCA bail application under s.29(4)(d); application struck out.
EOCCA s.29(4)(d) – allocation of jurisdiction for bail applications involving property ≥ TZS 10,000,000 – jurisdiction lies with the High Court (general registry) not necessarily the Corruption and Economic Crimes Division; EOCCA s.36(1) – prescribes conditions and manner of granting bail and must be read with s.29; jurisdictional defects are substantive; bail application struck out as incompetent where matter remains at committal stage.
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10 December 2018 |
| 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 |
| 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 |
| September 2018 |
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An accused under the EOCCA charged with unlawful dealing in trophies is entitled to bail pending trial subject to stringent conditions.
* EOCCA – Jurisdiction of High Court (Corruption and Economic Crimes Division) to entertain bail under ss.29(4)(d) and 36(1) where alleged property exceeds TSh 10,000,000. * Criminal procedure – Bail is a right based on presumption of innocence; bailable offences under EOCCA. * Bail conditions – cash deposit/immovable property security (half of alleged value), two sureties with bonds, surrender of travel documents, reporting and movement restrictions, verification by Resident Magistrate.
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28 September 2018 |
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Accused acquitted where repudiated cautions, lack of corroboration and variance in drug quantity/date undermined the prosecution.
Criminal law — Drug trafficking — Repudiated caution statements — voluntariness and statutory recording period — need for independent corroboration — adverse inference for failure to call key witness — material variance in charge particulars (quantity/date) fatal to prosecution.
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11 September 2018 |
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High Court grants bail under EOCCA with conditions including security, sureties, travel document surrender, and reporting.
* Criminal procedure – Bail under EOCCA – Jurisdiction of High Court’s Corruption and Economic Crimes Division to hear bail application where trial pending in Resident Magistrate’s Court – Conditions of bail: cash/immovable security, sureties with bonds and ID/residency requirements, surrender of travel documents, reporting and verification by Resident Magistrate.
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7 September 2018 |
| August 2018 |
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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).
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29 August 2018 |
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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.
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21 August 2018 |
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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).
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14 August 2018 |
| July 2018 |
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Court grants bail in an EOCCA economic-offence matter, finding jurisdiction and imposing substantial cash/ surety conditions.
* Criminal procedure – Bail under EOCCA – Jurisdiction of High Court (Corruption and Economic Crimes Division) to grant bail where alleged economic loss exceeds statutory threshold; * Bailability – Offence of occasioning loss to a specified authority under paragraph 10(1) First Schedule and sections 57(1) and 60 of EOCCA is bailable; * Bail conditions – cash deposit/immovable property, reliable sureties (one government employee), surrender of travel documents, reporting and verification of sureties.
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30 July 2018 |
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Applicants charged under EOCCA granted bail with substantial deposits, sureties, travel-document surrender and reporting conditions.
* Criminal procedure – Bail – Application under EOCCA (sections 29(4)(d) and 36(1)) – Jurisdiction where value exceeds TShs 10,000,000. * Bail as a right – conditions for grant – security, sureties, surrender of travel documents, reporting obligations. * Economic offences – ensuring attendance where alleged large pecuniary loss exists.
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30 July 2018 |
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Applicant charged with forest offences granted bail; High Court imposed monetary, surety, attendance and jurisdictional conditions.
* Economic and Organized Crime Control Act – Sections 29(4)(d), 36(1), (5) and (6) – High Court jurisdiction to grant bail where Resident Magistrate lacks jurisdiction due to property value. * Bail – presumption of innocence – entitlement to bail for bailable offences. * Bail conditions – monetary deposit or immovable property as security; sureties; travel restriction; attendance requirement. * Forest Act offences – allegations of unlawful transport of government forest produce (mangrove wood and charcoal).
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25 July 2018 |
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Applicants charged with trafficking large quantities of drugs are not entitled to bail; quantities cannot be divided among co-accused.
Criminal law – narcotics – bail excluded where trafficking involves statutory threshold quantities; ‘sharing’ of seized quantity among jointly charged accused not permitted; non-retroactivity of subsequent lowering of statutory thresholds; proper enabling provisions for bail in drug cases (s.29(3) and s.148 CPA).
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6 July 2018 |
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Failure to endorse chamber summons under Advocates Act s44(2) is not fatal; omission is curable and objection dismissed.
Advocates Act s44(2) — endorsement requirement — applicability to documents prepared by unqualified person for gain (s43) — Interpretation of Laws Act s53(2) and s2(2) — meaning of "shall" — procedural irregularity curable — preliminary objection on point of law (Mukisa Biscuit principle).
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4 July 2018 |
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Applicants charged with economic offences granted bail subject to deposit, sureties, travel-document surrender and reporting conditions.
* Criminal procedure – Bail – Applicants charged with economic offence (causing pecuniary loss) granted bail – Court to be guided by section 36(5) EOCCA and presumption of innocence.
* Consolidation – Miscellaneous economic causes consolidated where applications arise from same pending Economic Crime Case.
* Bail conditions – Cash/immovable property deposit, two sureties (one government-employed), surrender of travel documents, reporting and verification by Resident Magistrate.
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4 July 2018 |
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Failure to cite both sections 29 and 36 of EOCCA renders the applicant’s bail application incompetent and is fatal.
* Criminal procedure – bail in economic crime cases – necessity to cite and apply together ss.29 and 36 EOCCA; non‑citation renders application incompetent.
* Advocates Act s.44(2) – endorsement/signature requirement – non‑mandatory in all circumstances; defect may be curable where substantial justice not impeded.
* Court Rules (Rule 6) – titling irregularity – curable procedural defect.
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4 July 2018 |
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Failure by the applicants to endorse the "drawn and filed" area is a curable procedural defect; objection dismissed.
Advocates Act s44(2) — endorsement of "drawn and filed" entries; read with s43; Interpretation of Laws Act s53(2) — "shall" not always imperative; curable procedural defects; preliminary objection dismissed.
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4 July 2018 |
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Failure to cite EOCCA s36(1) alongside s29(4)(d) renders a bail application incompetent and it was struck out.
Criminal procedure – Bail in economic crime cases – EOCCA ss.29(4)(d) and 36(1) must be read and applied together; non-citation of s.36(1) renders the application incompetent; Advocates Act s.44(2) endorsement requirement may be directory/curable where omission does not impede substantial justice.
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4 July 2018 |
| June 2018 |
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An applicant's incorrect citation of the originating case number in bail papers is a minor curable defect; application competent.
• Criminal procedure – Bail under EOCCA s.29(4)(d) – requirement to show pending subordinate court case; • Pleadings – incorrect citation of originating case number – whether substantive or curable defect; • Evidence – annexed charge sheet and document titles may cure mis‑citation; • Procedure – striking out vs expunging paragraphs; court may proceed where no prejudice shown.
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25 June 2018 |
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The applicants' right to bail was upheld; bail granted with strict financial, surety and reporting conditions under s.36 of the Act.
Bail – Economic and Organized Crime Control Act – jurisdiction to hear bail applications – offences bailable – presumption of innocence – statutory bail requirements (s.36(5),(6)) – security by cash or immovable property – sureties and reporting conditions.
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22 June 2018 |
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A valid DPP certificate under EOCCA s.36(2) bars bail until withdrawn; court found certificate met validity tests.
Criminal procedure – EOCCA s.36(2) certificate by DPP – validity test: in writing; asserts likely prejudice to Republic’s safety/interests; relates to pending criminal case; no bad faith or abuse of process – effect: valid certificate bars bail until withdrawn.
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22 June 2018 |
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A valid notice of appeal by the DPP institutes an appeal and justified staying pending bail proceedings.
* Appellate jurisdiction – s.6(2) Appellate Jurisdiction Act – DPP’s right to appeal against High Court orders
* Procedure – Rule 68(1) Court of Appeal Rules 2009 – notice of appeal institutes appeal
* Stay of proceedings – effect of notice of appeal and whether interlocutory rulings are appealable
* Bail – competency of DPP certificate objecting to bail and consequences of appeal
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19 June 2018 |
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Applicant charged with trafficking a large quantity of heroin denied bail because the offence is statutorily non-bailable.
* Criminal procedure – Bail – Application under S.29(4)(d) and S.36(1) EOCCA – Jurisdiction of High Court.
* Drugs law – Drugs Control and Enforcement Act s.29(1) – Statutory prohibition of bail where trafficking involves heroin/manufactured drugs of 200 grams or more.
* Bail law – Effect of charge particulars and statutory thresholds; no requirement that charges be proved at bail stage for prohibition to apply.
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4 June 2018 |
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Screening, documented chain-of-custody and lab confirmation proved trafficking; the accused convicted and sentenced to life imprisonment.
* Criminal law – Drug trafficking – Elements of trafficking and mens rea – Possession and concealment as evidence of knowledge and intent.
* Evidence – Chain of custody – seizure, handing-over certificates, lab submission and signed seals – admissibility and reliability of exhibits.
* Procedure – Lawful arrest and search at airport; language barrier does not vitiate lawful procedure when the accused was present and participated.
* Forensic evidence – Preliminary reagent testing and confirmatory gas chromatography establishing identity and weight of narcotic.
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4 June 2018 |
| May 2018 |
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DPP's written certificate must identify the specific pending criminal case; otherwise it is invalid and bail hearing proceeds.
Bail — DPP's certificate under s.36(2) EOCCA — validity tests: (1) in writing; (2) states safety/interests of Republic likely prejudiced; (3) must relate to a pending criminal trial or appeal; (4) vitiated if DPP acted in bad faith or abused court process — pari materia with s.148(4) CPA not automatically applicable; no affidavit required for certification.
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21 May 2018 |
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High Court granted bail in narcotics possession matter, finding jurisdiction and imposing strict surety and travel conditions.
* Bail – High Court jurisdiction to entertain bail where quantity of narcotics exceeds District Court jurisdiction; * Bail in narcotics possession – conditions to ensure attendance and public interest; * Application under Economic and Organized Crime Control Act and Drug Control and Enforcement Act; * Unopposed bail application where prosecution did not file a counter-affidavit.
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18 May 2018 |
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A valid DPP certificate denying bail (including during committal) precludes the High Court from determining the bail application.
* Criminal procedure – Bail – DPP certificate under section 36 EOCCA – validity requirements and effect on bail applications; interpretation of "pending trial" to include pre-trial/committal proceedings – formality of official crested paper not fatal to certificate's validity.
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18 May 2018 |
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High Court properly entertained bail under the Economic and Organized Crime Control Act and granted bail subject to specified conditions.
* Criminal procedure – Bail – High Court jurisdiction under the Economic and Organized Crime Control Act to entertain bail applications for offences in Resident Magistrate’s Court. * Bail conditions – monetary bond, local sureties, attendance obligation, restriction on movement, and approval of sureties by Resident Magistrate. * Offences – unlawful possession of government trophies and firearms.
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18 May 2018 |
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A valid DPP certificate (even with a minor typographical error) precludes grant of bail pending trial.
Bail — DPP certificate — validity requirements (written, prejudice to state interests, relates to case pending trial/appeal) — minor typographical errors curable — "pending trial" includes committal/pre-trial stages — valid DPP certificate precludes bail.
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18 May 2018 |
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Application to vary bail struck out for being improperly grounded and supported by a defective affidavit.
Bail — Variation of bail conditions — Procedural prerequisites — Properly moved application — Economic and Organized Crime Control Act ss.36,37; Criminal Procedure Act ss.148(3),150 — Defective affidavit and verification clause — Application struck out.
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16 May 2018 |
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Applicant charged with narcotics trafficking granted bail after expungement of improper affidavit paragraph and subject to conditions.
* Criminal procedure – Bail application – Illicit trafficking in narcotic drugs – Offence bailable; prosecution’s non-objection – Court grants bail with conditions.
* Civil procedure – Affidavit practice – Affidavit must not contain legal argument or provisions of law; offending paragraph expunged but affidavit remains valid.
* Bail conditions – Monetary bond; two sureties (one resident within jurisdiction); approval of sureties by magistrate/deputy registrar; obligation to attend trial.
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15 May 2018 |
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The Corruption and Economic Crimes Division has jurisdiction to hear bail applications under EOCCA ss.29(4)(d) and 36(1).
Constitutional/Statutory interpretation; EOCCA s.29(4)(d) and s.36(1); Corruption and Economic Crimes Division jurisdiction; purposive interpretation to avoid absurdity; preliminary objection on jurisdiction.
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8 May 2018 |
| 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 |