amanyise mwakisengele vs republic 2020 tzhc 1903 14 july 2020

IN THE UNITED REPUBLIC OF TANZANIA

JUDICIARY

IN THE HIGH COURT OF TANZANIA (DISTRICT REGISTRY OF MBEYA)

AT MBEYA MISC. CRIMINAL APPLICATION NO. 84 OF 2020 (Arising from Economic Case No. 05 of 2020 in the District Court of Kyela at Kyela) AMANYISE M W AKISENG ELE........................................................................APPLICANT

VERSUS THE REPUBLIC............................................................................................. RESPONDENT

RULING D ate of Hearing: 14/07/2020 D ate of Ruling : 14/07/2020 MONGELLA, J. The applicant is seeking for bail pending trial of Economic Crimes Case No. 05 of 2020 in Kyela District Court at Kyela. In this case he stands charged with two counts to wit: first, Malicious damage to property contrary to section 326 (3) (b) of the Penal Code, Cap 16 R.E. 2019, read together with section 51 (1) and paragraph 12 of the Economic and Organised Crime Control Act, Cap 200 R.E. 2019, being property of the government of the United Republic of Tanzania. Second, attempt to commit an offence contrary to section 381 of the Penal Code, Cap 19 Page 1 of 3 R.E. 2019, being property of the government of the United Republic of Tanzania. The application was heard orally through virtual court. The applicant appeared in person while the respondent was represented by Ms. Rosemary Mgeni, learned State Attorney. The applicant just informed this Court that he is facing charge under economic offences and is praying for bail. Ms. Mgeni, for the respondent had no objection to the bail. She said that this Court has mandate to grant the bail under section 29 (4) (b) of the Economic and Organised Crime Control Act. Since the offence is bailable under the law and the respondent has not raised any concerns to resist the granting of the same, I hereby grant the bail application upon the following conditions:- 1. The applicant should deposit T.shs. Three Million Six Hundred and Seventy Thousands (3,670,000) cash, being his portion on the half of the total am ount of the value stated in the charge, that is, T.shs. 22 , 000 , 000 /-.

2. The applicant should provide two sureties, w hereby each surety shall execute a bond of Tshs. 1,835,000/. The sureties must be residents within the jurisdiction of the District Court of Kyela. Page 2 of 3 3. The applicant must surrender all travel docum ents, if any, to the Resident Magistrate presiding over his case in the District court of Kyela at Kyela. Where the applicant claims not to possess any travel documents, proof to that effect must be obtained from the Immigration Authority.

4. The applicant must not leave the jurisdiction of this Court Sub Registry Mbeya without written permission of the presiding Resident Magistrate at the District court of Kyela.

5. The applicant must report in person to the presiding Resident Magistrate at the District court of Kyela w henever needed to do so.

6. Verification of sureties and bond docum ents shall be effected by the presiding Resident Magistrate at the District court of Kyela. It is so ordered. Dated at Mbeya on this 14th day of July 2020 L. M. A/flxfi^LLA

JUDGE Court: Ruling delivered in Mbeya, through virtual Court, on this 14th day of July 2020 in the presence of the applicant appearing in person and Ms. Rosem ary Mgeni, learned State Attorney for the respondent L.M. ELLA

JUDGE Page 3 of 3