MKAMI MWITA SASI RULING 0001

THE UNITED REPUBLIC OF TANZANIA (JUDICIARY) THE HIGH COURT (MUSOMA SUB REGISTRY AT MUSOMA) Misc. CRIMINAL APPLICATION No. 890 of 2025 {Arising from the High Court [Musoma Sub Registry] in Criminal Session Case No. 27753 of2025 & the District Court of Serengeti at Serengeti in Preliminary Inquiry Case No. 496806 of2023) 1. MKAMI MWITA @ SASI "*] 2. MABULA DOTO @ MBELELE L............................. APPLICANTS 3. SIMION EZEKIEL @ BUDEBa] Versus REPUBLIC................................................................ RESPONDENT RULING 10.02.2025 & 12.02.2025 Mtulya, J.: Ms. Mkami Mwita @ Sasi, Mr. Mabula Doto @ Mbelele and Mr. Simion Ezekiel @ Budeba are prosecuted for allegation of manslaughter of Kilongori Mgayi @ Msabi (the deceased) contrary to section 195 and 198 of the Penal Code [Cap. 16 R.E. 2022] (The Penal Code). The indicated offence is alleged to have occurred on 26th March 2023 at Majimoto Village within Serengeti District in Mara Region. The accused persons were committed in this court on 30th December 2024 by the District Court of Serengeti at Serengeti (the committing court) in Preliminary Inquiry Case No. 496806 of 2023 (PI case) after completion of the committal proceedings. Ms. Mkami Mwita @ Sasi (the applicant) intends to enjoy bail while awaiting hearing and determination of the Criminal Sessions Case No. 27753 of 2025 (the case) lodged in this court. Following i her intention, she instructed Mr. John K. Manyama, learned counsel to prepare an application for bail pending hearing of the case. The application was prepared and lodged in this court for determination. On 11th February 2025, Mr. Manyama for the applicant was summoned in this court to explain reasons in favour of the application. In his submission, he prayed the affidavit in support of the application be adopted to form part of the proceedings, and briefly produced two (2) reasons, namely: first, the offence of manslaughter is bailable; and second, sickness on part of the applicant. The reasons in favour of the application were not protested by Ms. Happiness Machage, learned State Attorney, who had appeared for the respondent. In her opinion, this court may grant the application and admit the applicant to bail save for appropriate conditions that will make the applicant appear to reply her case in this court. I have scanned the record and found that the applicant is jointly prosecuted with other two (2) accused persons for manslaughter of the deceased. The offence of which they are prosecuted is bailable under the law (see: The Criminal Procedure Act [Cap. 20 R.E 2022] (the Act) and Constitution of the United Republic of Tanzania [Cap. 2 R.E 2002] (the Constitution). The specific provisions on the subject are enacted in section 148 (1), (6) & (7) of the Act and articles 13 (6) (b) & 17 (1) of the Constitution. 2 The indicated provisions were celebrated in the precedents of this court in Yusuph John @ Kimeumana v. Republic, Misc. Criminal Application No. 889 of 2025; Emmanuel Nguka @ Anditi v. Republic, Misc. Criminal Application No. 25 of 2023; and Daniel Philimon Dinda v. Republic, Misc. Criminal Application No. 20710 of 2024. Having the law and precedents of this court on the subject, I have no any hesitation in granting the application and committing the applicant to bail, as I hereby do so. However, before the enjoyment of freedom of movement and presumption of innocence, the applicant must fulfill the following conditions, namely: 1. The applicant must sign bail bond to the tune of Tanzania Shillings Three Million Only (3,000,000/=); 2. The applicant must register two (2) reliable sureties who are able to execute bail bond amounting to Tanzania Shillings One Million Only (1,000,000/=); 3. The sureties must be in possession of National Identification Card issued by the National Identification Authorities (NIDA) or if they are employed in government service, they must register work identification card; 4. The sureties must be residents of Mara Region and verify their stay in the region by presenting introduction letters from their respective Hamlet or Mtaa chairpersons; 5. The applicant should not leave Mara Region without prior written authorization of the Deputy Registrar of this Sub 3 Registry or District Resident Magistrate In-charge of the District Court of Serengeti at Serengeti; 6. The applicant must report to the to the Deputy Registrar of this Sub Registry or District Resident Magistrate In-charge of the District Court of Serengeti at Serengeti once on every last Monday of every Month; and 7. The applicant must surrender her passport or any other travelling documents to the Deputy Registrar of this Sub Registry or District Resident Magistrate In-charge of the District Court of Serengeti at Serengeti. The listed bail conditions in this Ruling shall be supervised by the Deputy Registrar of this Sub Registry or District Resident Magistrate^if^rg^of Serengeti District Court at Serengeti. F. H. Mtfulya Judge 12.02.2025 Court: This Rtflirig-was delivered in Chambers under the Seal of this court in the presence of the applicant, Ms. Ms. Mkami Mwita @ Sasi through teleconference attached in this court and Serengeti Remand Prison and in the presence of Mr. Jonas Kivuyo, learned State Attorney for the respondent. F. H.lMtulya Judge— 12.02.2025 4