abdullah omary hamad abdullah mambo vs the republic 2023 tzhc 23005 27 november 2023

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA

DAR ES SALAAM DISTRICT REGISTRY AT DAR ES SALAAM. MISCELLANEOUS ECONOMIC CAUSE NO. 153 OF 2023 (Clf Economic Case No. 28 of 2023 in the Resident Magistrates' Court of Dar es Salaam at Ki5UtU)

ABDULLAH OMARY HAMAD @ABDULLAH MAMBO. II •• II II II II II II I •••• I •• I •••••••••••••••••••••••••• APPLICANT Vs

THE REPUBLIC RESPONDENT

RULING Date of last Order:23-11-2023 Date of Ruling:27-11-20?3 B.K. PHILLIP, l. The applicant herein is an accused person in Economic Case No. 28 of 2023 in Resident Magistrates' Court of Dar-es-Salaam at Kisutu, facing the following charges; i) Leading organized crime, contrary to paragraph 4(1) of the First Schedule read together with sections 57 (1) and 60 (2) of the Economicand Organized Crime Control Act, ( " EOCCA''). ii) Unlawful dealing in Trophies, contrary to sections 80(1) and 84 (1) of the Wildlife Conservation Act No 5 of 2009 read together with 1 paragraph 14(b) of the first schedule to and sections 57 (1) and 60 (2) of the EOCCA. iii) Unlawful possession of Government Trophies, contrary to sections 86 (1) and (2) (b) of the Wildlife Conservation Act No.5 of 2009 read together with paragraph 14 (b) of the first schedule to and sections 57 (1) and 60 (2) of the EOCCA. iv) Unlawful possession of Government Trophies, contrary to sections 86 (1) and (2) (c) (iii) of the Wildlife Conservation Act No.5 of 2009 read together with paragraph 14 (b) of the First Schedule to and sections 57 (1) and 60 (2) of the EOCCA. v) Forgery, contrary to sections 333, 335 (a) and 337 of the penal Code. He lodged this application under the provisions of sections 29 (4) (d) and 36 (1) of the EOCCA, section 392A(1) and (2) of the Criminal Procedure Act ( "CPA") praying for the following

orders; a) That this Honourable court be pleased to grant bail to the Applicant (accused person) in Economic Crime Case No.28 of 2023 which now is pending for committal proceedings before the Resident Magistrate of Dar es Salaam at Kisutu. b) That, this the Honourable Court be pleased to impose reasonable bail conditions to the applicant. c) Any other Orders or reliefs the Honourable Court may deem fit and just to grant. 2 The application is supported by an affidavit sworn by the applicant in which he deposed that the offences he is facing are bailable. He has reliable sureties and is ready to fulfill all bail bonds and conditions that shall be imposed by the court if this application is granted. Moreover, he deposed that he is jointly charged with 13 accused persons. During the hearing. of this application, the learned State Attorney Rose Makupa appeared for the respondent whereas the learned Advocate Iddi Mwinyi appeared for the applicant. The respondent did not file any counter affidavit. During the hearing, when called upon to address this court, Ms. Makupa informed this court that the respondent was not contesting the application. Submitting in support of the application, Mr. Mwinyi started his submission by adopting the contents of the affidavit in support of the application. He referred this court to paragraph six of the affidavit in which the applicant deposed that he

is ready and willing to abide by all bail conditions that shall be made by this court if this application is granted. Referring this court to Article 13 (6) (b) of the constitution of the United Republic of Tanzania, Mr. Mwinyi contended that the accusedperson is presumed innocent until proven guilty and convicted. He went on to submit that the offences charged against the applicant are bailable. To cement his argument he referred this court to the case of Obadi~ John @ Moshu Vr Republic, Misc.Criminal Application No.39 of 2022 and Nasibu MMbgga and 2 others Vs Republic, Misc. Criminal Application No.187 of 2021. Mr.. Mwinyi beseechedthis court to grant this application. 3 Having dispassionately analyzed the arguments raised by Mr. Mwinyi as well as perused the affidavit in support of the application which stands unchallenged, I have noted that the applicant deposed that he is ready to abide by all bail conditions that shall be imposed by this court. Additionally, the offences charged against the applicant are bailable. Thus, the applicant is eligible to bail (see section 36 of EOCCAand section 148 of the CPA).Therefore,I hereby admit the applicant to bail. About the bail conditions, since the amount involved in this case as per the charge sheet is in total Tshs. 3,346,909,639.2, in terms of section 36 (5) of the EOCCA,half of the said amount (Tshs. 1,673,454,819.6) has to

be deposited in court or a certificate of title of immovable property of equal value and the rest shall be secured by execution of a bond. However, since the case involves 14 accused persons the aforesaid amount shall be divided equally among them. Thus, the applicant is admitted to bail under the following conditions; i) The applicant should deposit in court Tshs.119,532,487/= or a certificate of title of immovable property of similar value or more located in Dar es Salaam. ii) The applicant must secure two reliable sureties to execute bonds of Tshs.59,766,244/= each. One surety must be an employee of the Government of the United Republic of Tanzania or any reliable Company. iii) The applicant should not leave the Jurisdiction of the Resident Magistrates' Court of Dar es Salaam at Kisutu without prior permission from the court. 4 iv) The appllcantshould surrender her passport and any other traveling documents to the Resident Magistrate's Court of Dar es Salaam at Kisutu. v) The applicant is compulsorily bound to appear in court at any time when required until the final determination of Economic Case No. 28 of 2023. Verification of sureties and bond documents shall be executed by the Resident Magistrate's Court of Dar es Salaam at Kisutu.

JUDGE 5