Mussa Hussein Bail Ruling

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (SHINYANGA SUB-REGISTRY) AT SHINYANGA MISC. CRIMINAL APPLICATION NO. 202409132000026425 (Arising from the Juvenile Court of Kahama at Kahama, Original P.I. Case No. 25/2023) MUSA s/o HUSSEIN @ SADICK…………..…………………….……..….APPLICANT VERSUS THE REPUBLIC ………………..……..……….……...….…….…..……..RESPONDENT RULING Date of Last Order 24.09.2024 Date of Ruling: 24.09.2024 MWAKAHESYA, J.: This is an application for bail pending trial brought by the applicant, Mussa Hussein @ Sadick. It has been preferred under sections 148(1)(2) and (3) of the Criminal Procedure Act (the CPA) and section 392A(1) and (2) of the same Act. It is supported by the affidavit of the applicant himself. The respondent Republic, not resisting the application has not filed a counter affidavit. The applicant, a juvenile of 16 years, faced a Preliminary Inquiry Case No. 25/2023 in the Juvenile Court of Kahama at Kahama on a charge of Manslaughter c/ss 195 and 198 of the Penal Code. The applicant was out on bail all along, however when investigations were completed and the applicant committed to this court the same was revoked thus prompting the present application. 1 At the hearing of this application, which was done in camera, the applicant appeared in person, but also present were Mr. Mohamed Khalfan, uncle the of applicant, Mr. Hussein Sadiq, the biological father of the applicant and Ms. Penuela Samuel a Social Welfare Officer (SWO) from Kambarage Health Centre. The respondent Republic was represented by Ms. Nyamnyaga Magoti, learned State Attorney. Ms. Magoti, in a professional manner, intimated that the respondent was not opposing the application but reminded the court to set the requisite conditions. The offence of Manslaughter is bailable and in the absence of any opposition from the respondent this court is mandated to set bail conditions in accordance with the relevant laws, including the Law of the Child (Juvenile Court Procedure) Rules, 2016 (specifically rules 28 and 29). Having considered so, this application is hereby granted upon the applicant fulfilling the following conditions: 1. The applicant is to have two reliable sureties, who must be citizens of Tanzania with a fixed place of abode within Shinyanga Region; 2. Each surety shall produce an introductory letter from his or her employer or local authorities and a copy of a recognized identity card; 2 3. The applicant shall report to the Social Welfare Office of Kahama Municipal District Council Head Quarters, Shinyanga Region, every Friday; 4. The applicant shall not travel outside Shinyanga Region without a prior written approval of the Social Welfare Officer assigned for him; 5. Any change of residence shall be immediately reported to the Social Welfare Officer; 6. The sureties are to report to the District Registrar of the Court every last Friday of the month; and 7. The applicant shall abstain from violence and places of alike nature. 8. This Order shall have effect pending determination of Criminal Session case number 202407292000021153. It is so ordered. N.L. MWAKAHESYA 24/09/2024 JUDGE 3