JUMA OYOKO

THE UNITED REPUBLIC OF TANZANIA (JUDICIARY) THE HIGH COURT (MUSOMA SUB- REGISTRY AT TARIME) ORIGINAL JURISDICTION CRIMINAL SESSION CASE No. 31607 OF 2024 (Referenced: 202411062000031607) THE REPUBLIC Versus JUMA OYOKO RULING 12.12.2024 & 16.12.2024 Mtulya, J.: Mr. Juma Oyoko (the accused) is prosecuted by the Republic for allegation of Acts Intended to Cause Grievous Harm to Ms. Adhiambo Omondi (the victim) for by using firewood directed at different parts of the body, including the left rib be contrary to section 222 (a) of the Penal Code [Cap. 16 r.e. 2022] (the Penal Code). The incident is alleged to have occurred at evening hours of 9th day of August 2023 at Panyakoo Village within Rorya District in Mara Region. The case was scheduled on 12th day of December 2024 at this court for plea taking and preliminary hearing and after completion of the preliminary hearing, Mr. Samson Sarno, learned counsel, who appeared for the accused had registered an oral application under sections 148 (1) and 392A (1) of the Criminal Procedure Act [Cap. 20 R.E. 2022] i (the Act) seeking for bail to the accused. In persuading this court to grant the application, Mr. Samo stated that the accused had previously prayed and granted bail at the committing court in Rorya District and has been enjoying without breach. According to Mr. Samo, bail is a constitutional right and the accused is prosecuted in bailable offence. Finally, Mr. Samo prayed the accused be granted bail pending criminal sessions schedules for the accused's case hearing in this court. The submission of Mr. Samo was not contested by Ms. Dotto Banga, learned State Attorney, who appeared for the Republic. In his submission in support of the move, Ms. Banga submitted that the accused is charged with bailable offence and she has no reason to protest the application, save for bail conditions that will make the accused appear to reply the Information against him in this court. I have perused the instant record in the application and found that the accused is prosecuted for allegation of the crime of Acts Intended to Cause Grievous Harm contrary to section 222 (a) of the Penal Code and the offence is bailable under sections 148 (1), (6) & (7) of the Act and support of articles 13 (6) (b) & 17 (1) of the Constitution of the United Republic of Tanzania [Cap. 2 R.E. 2002] (the Constitution). The indicated provisions have already enjoyed practice of this court (see: Daniel Philimon 2 Dinda v. Republic, Misc. Criminal Application No. 20710 of 2024 and Emmanuel Nguka @ Anditi v. Republic, Misc. Criminal Application No. 25 of 2Q23). Having the law and practice in place, I see no reason why the accused should not be granted bail. In the end, I grant the accused bail. However, for the accused to enjoy bail, he must fulfill the following conditions, namely: 1. The accused must sign bail bond of Tanzanian Shillings Three Million Only (3,000,000/=); 2. The accused must register two (2) reliable sureties who are able to execute bail bond of Tanzanian Shillings One Million Only (1,000,000/=), each and must be in possession of National Identification Card issued by the National Identification Authority (NIDA) or if he is employed in government service, he must register his identification card; 3. 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; 4. The accused should not leave Mara Region without prior written authorization of the Deputy Registrar of this Sub Registry or Resident Magistrate In-charge of the District Court of Rorya at Rorya; 5. The accused must report to the Deputy Registrar of this Sub Registry or Resident Magistrate In-charge of the 3 District Court of Rorya at Rorya, once on every last Monday of every Month; and 6. The accused must surrender his passport or any other travelling documents to the Deputy Registrar of this Sub Registry or Resident Magistrate In-charge of the District Court of Rorya at Rorya. The listed bail conditions in this Ruling shall be supervised by the Deputy Registrar of this Sub Registry or Resident Magistrate In-charge of the District Court of Rorya at Rorya. court in the presence of the accused, Mr. Juma Oyoko, and his learned counsel, Mr. Samson Sarno, learned counsel for the accused and in the presence of Ms. Dotto Banga, learned State Attorney for the Republic. F.H. Mtulya Judge 16.12.2024