amon samwel kaduma vs republic 2020 tzhc 3240 23 september 2020

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (IRINGA DISTRICT REGISTRY)

AT IRINGA MISC. CRIMINAL APPLICATION NO. 13 OF 2020 (Originating from P. I No. 08/2018 Njombe Resident Magistrate) AMONI SAMWEL KADUMA .............. APPLICANT

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

RULING MATOGOLO. J. This is an application by one Amon Samwel Kaduma in which he is praying for bail. The applicant along with one Nathan Ngilangwa are arraigned in the Court of Resident Magistrate Njombe with two counts. The 1st count is in respect of unlawful possession of Government Trophies where as it is alleged in the particulars of offence that on 2nd October, 2018 at Kwivaha street Njombe Township were found in possession of two Leopard skins valued atTshs. 15,518,930/= the property of the United Republic of Tanzania without permit from the Director of Wildlife. In the second count the two are charged with unlawful possession of Government Trophies which are three python skins valued at Tshs. 2,394,349 property of the United Republic of Tanzania without permit from the Director of Wildlife. Pg-1 The application is by chamber summons accompanied by the applicant's affidavit. The same is made under section 29(4)(a) of the Economic and Organized Crime Control Act, Cap. 200 R.E.

2016. Mr. Alex Mwita learned State Attorney who appeared on behalf of the Republic did not object grant of bail. He only prayed to this court taking into account the value of the subject trophies which is above 10 million shillings be guided by Section 36(5) (a) of the Cap. 200 R.E.

2016. And that as there are two accused persons in the case the principle of sharing be applied. Having read the charge sheet in which the applicant and one Nathan Ngilangwa are charged, the charged offence is bailable. Given that there is no any objection for bail raised by the learned State Attorney and taking into account that bail is the applicant's statutory right, I grant the application. The applicant may be released on bail upon fulfilling the following conditions.

1. As the value of the subject matter is Tshs. 17,913,279/= and due to the requirements of Section 31(5)(a) of Cap. 200; the applicant has to deposit in court half of that amount. But as there are two accused persons involved in the charge that half is to be shared by the two under the principle of sharing laid down by the Court of Appeal in the case of Silvester Hillu Dawi vs. The Director of Public Prosecutions, Criminal Appeal No 250 Of 2006, (unreported). Thus the applicant has to deposit in court cash in the sum of Tshs. 4,478,319.75. Pg-2 ARTERNATIVELY: If the applicant cannot deposit cash he has to deposit title deed or any other form of evidence of ownership of immovable property of value not less than Tshs. 4,478,319/75. The immovable property must be located within the jurisdiction of this court and must be free from any encumbrances. The rest will be secured by signing a bond.

2. The applicant must have two sureties each shall sign bond in the sum of Tshs. 4,000,000/=. They must be residents within the jurisdiction of this court with permanent place of abode and must possess immovable property. The sureties must have National Identification or any letter of identification from the Local Government Authority of their area.

3. The applicant must make sure that he continues to attend his case on the date, place and time scheduled.

4. Applicant should not leave jurisdiction of this court without prior permission sought and granted by the Deputy Registrar.

5. The Deputy Registrar shall verify all bail documents and sureties before the applicant is released on bail. It is so ordered. Pg-3