ally bakari konga another vs republic 2023 tzhc 22070 27 october 2023

Applicants are entitled to bail as the value of the alleged offence exceeds 10 million shillings, jurisdiction lies with the High Court, and bail conditions must reflect statutory requirements including deposit of half the value shared between accused and provision of reliable sureties.

Citation: ally bakari konga another vs republic 2023 tzhc 22070 27 october 2023
Parties: Applicant: Ally s/o Bakari Konga; Applicant: Mohamed s/o Hamis @ Said; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 27 October 2023
Procedural Posture: Miscellaneous Criminal Application / Bail Application Pending Trial
Outcome: bail granted
Legal Topics: Bail, Embezzlement, Misappropriation, Occasioning Loss, Jurisdiction, Sureties
Source Language: English

Criminal Law Economic Crimes Bail Embezzlement Misappropriation Occasioning Loss Jurisdiction Sureties

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Parties

Ally s/o Bakari Konga

Applicant

Mohamed s/o Hamis @ Said

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Bail Application Pending Trial

Legal Issues

1 Whether the applicants should be granted bail pending hearing of their case
2 What bail conditions should be imposed given the value of the alleged offence

Ratio Decidendi

Court Disposition

bail granted

Orders

Each applicant to deposit Tshs. 113,627,000/= or title deed of equivalent value
Each applicant to provide two reliable sureties to execute bond of Tshs. 10,000,000/= each