Madaraka Robert Madaraka Others v Republic

THE JUDICIARY OF TANZANIA IN THE HIGH COURT OF UNITED REPUBLIC OF TANZANIA AT KIGOMA ECONOMIC APPLICATION NO. 000004804 OF 2025 MADARAKA ROBERT MADARAKA .............................. COMPLAINANT / APPELLANT / APPLICANT HERMAN NDIBOTO SHIMBE .............................. COMPLAINANT / APPELLANT / APPLICANT ANNA NYAMUMWI GAMBA .............................. COMPLAINANT / APPELLANT / APPLICANT MAWAZO NYANDWI .............................. COMPLAINANT / APPELLANT / APPLICANT VERSUS THE REPUBLIC .............................. RESPONDENT / DEFENDANT RULING NKWABI, J Date: 28 & 28/02/2025 This application for bail has been brought under a certificate of urgency and a chamber summons supported by an affidavit duly sworn by the applicants. The applicants are adjuring this Court to grant them bail. The chamber summons is made under section 29(4) (d) and 36(1) and 5(a) of the Economic and Organized Crimes Control Act Cap. 200 R.E. 2022. The applicants were arraigned before the Resident Magistrates’ Court of Kigoma at Kigoma facing a charge sheet that comprises 140 counts in an economic crimes case number 4635 /2025. Page. 1 Hon... JOHN NKWABI It is a fact that, in the Resident Magistrate Court of Kigoma, the applicants stand, charged with leading organized crime contrary to paragraph 4(1) (a) of the First Schedule to, and sections 57(1) and 60(2) both of the Economic and Organized Crimes Control Act, Cap. 200 R.E. 2022 among other counts. The application is supported by the affidavit of the applicants as I have indicated earlier on. The application was half-heartedly resisted by the respondent, as the respondent filed a counter affidavit but, in the hearing, supported the application for bail. On the hearing that proceeded by way of oral submissions, Mr. Aliki, learned counsel for the applicants pleaded with the Court for bail conditions in accordance with the law. He is open that the applicants be given an order to deposit cash money or title deed equivalent to half of the value of the charge, but under sharing principle. Ms. Mwaseba, the learned Senior State Attorney asked this Court to issue bail while considering the offence and the relevant law. In truth, she agreed with the submissions of Mr. Aliki. I have considered the respective stances of both parties to this application. I am inclined to follow the law, which is the desire of both parties to this application. The provisions of the law were intended to capture the gravity of the offence and do away with the possibility of accused person absconding bail just as Page. 2 Hon... JOHN NKWABI contemplated in the Bail Guidelines. To that end, I grant bail to all applicants and issue bail conditions in terms of section 36 (1) (4)(e) and section 36(5) (a) of the Economic and Organized Crimes Control Act as underneath: 1. The applicants shall be out on bail upon each of them depositing cash money to the tune of T.shs. 130,055,724/= or each of them deposit title deed of immovable property with a value equivalent to T.shs 130,055,724/=, either way when multiplied by 4, the number of the accused persons in the charge sheet, is equivalent to half of the value of the loss allegedly caused to Tanzania Ports Authority (TPA). 2. The applicants shall each of them have one reliable surety who shall execute bail bond at T.shs 130,055,724/= each to cover a half of the amount that is allegedly been caused loss to the specified authority in respect of bail. Each surety shall have introductory letter from local government leader(s) of their locality where they reside or from their employer if any. 3. Since the applicants ought to appear in the trial court for committal proceedings, such appearance on the fixed date shall be deemed as reporting to the authority. 4. The applicants have to surrender any travel document that they possess, if any. Page. 3 Hon... JOHN NKWABI 5. The applicants shall not travel outside the jurisdiction of the High Court Kigoma Zone during the pendency of economic crimes case the subject of this application for bail, save with the permission of the learned presiding committing Magistrate. 6. Ascertainment of compliance with the bail conditions set hereinabove shall be conducted by the Resident Magistrate who is seized with the committal proceedings. It is so ordered. Dated at KIGOMA this 28th of February 2025 . J. NKWABI JUDGE OF THE HIGH COURT Page. 4 Hon... JOHN NKWABI