Sisya, J. : This matter has arisen out of my safari to Handeni. The accused, Njama s/o Zuberi a boy of tender years, aged about ten years, stands charged with the capital offence of murder contrary to section 196 of the Penal Code. He is D being held in custody since November, 1982, pending the holding of a preliminary inquiry and the subsequent trial before this Court. It was impressed upon me by the learned District Magistrate, Handeni, that there are no proper facilities for holding juvenile offenders at Handeni Prison. The accused was, at the time of incident, living E with his parents who are able, willing and prepared to look after the accused and produce him before the Court as and whenever directed.
From the depositions so far already in the hands of the Police it sounds very likely that the capital charge will be reduced to one of manslaughter, at the most: The accused is F alleged to have struck the deceased, another infant, with a stone while they were at play.
In all the circumstances of this case I am of the considered view that it is necessary, in the interests of this accused, to remove him from custody where he is likely to associate with adult offenders and/or any other undesirable person. In the final result, in terms of G powers conferred upon me by section 123(3) of the Criminal Procedure Code, I exercise my direction in favour of this accused and hereby direct that from now onwards the accused be released on a recognizance being entered into by his father with H two reliable sureties, each in the sum of Shs.10,000/= It is ordered accordingly.
For the avoidance of any doubt it is hereby stated that this order shall remain in force until such time when further, or any other, orders are made by a Court of competent jurisdiction.
I Application for bail allowed.
A
