EMMANUEL KERATO RULING 0001

THE UNITED REPUBLIC OF TANZANIA (JUDICIARY)

THE HIGH COURT (MUSOMA SUB REGISTRY AT MUSOMA) Misc. CRIMINAL APPLICATION No. 3856 of 2025 (Arising from the High Court [Musoma Sub Registry] in Criminal Session Case No. 220 of2025 & the District Court of Tarime at Tarime in Preliminary Inquiry Case No. 23545 of2024) EMMANUEL KERATO SILAS......................................APPLICANT Versus REPUBLIC................................................................ RESPONDENT

RULING 25.02.2025 & 26.02.2025 Mtulya, J.: Mr. Emmanuel Kerato Silas (the applicant) was brought in this court for allegation of attempted murder to Mr. Joseph Timoth Mturu (the victim) contrary to sections 211 (a) and 380 (1) of the Penal Code [Cap. 16 R.E. 2022] (The Penal Code). The incident is alleged to have occurred at Kerende Village within Tarime District in Mara Region on 19th June 2024. Following the allegation, the applicant was arrested and brought in this court to reply the complaint of the Republic. During committal proceedings at the District Court of Tarime at Tarime (the committing court) in Preliminary Inquiry Case No. 23545 of 2024 (the PI Case), the applicant had! applied and was granted bail pending committal proceedings. However, on 6th February 2025, the enjoyment of bail was cancelled by the committing court when the applicant was committed to this court for plea taking and preliminary hearing. The 1 applicant is currently in custody atTarime Prison in Mara Region and intends to enjoy freedom of movement hence had instructed Ms. Mary Samson, learned counsel, to draft and lodge the instant application to seek leave of this court to release the applicant on bail pending hearing and determination of Criminal Session Case No. 220 of 2025 (the case) registered in this court by the respondent. Yesterday afternoon, Ms. Samson was summoned in this court to

register relevant materials in favour of the application and had produced three (3) reasons, which are reflected in the sixth and seventh paragraph of her affidavit, that: first, bail is a constitutional right; second, the offence which the applicant is prosecuted is bailable; and finally, the applicant is trustful person who had enjoyed bail in the PI case without any breach of the conditions. The reasons in favour of the application were not protested by Ms. Jonas Kivuyo, learned State Attorney, who had appeared for the respondent. In his opinion, this court may admit the applicant to bail save for appropriate conditions that will make the applicant appear to reply the allegation of attempted murder lodged in this court. According to him, any breach of the conditions, appropriate measures be employed by this court. I have scanned the record of the instant application, perused the provisions of section 148 (1), (6) & (7) of the Criminal Procedure Act [Cap. 20 R.E. 2022] (the Act) and articles 13 (6) (b) & 17 (1) of the Constitution of the United Republic of Tanzania 2 [Cap. 2 R.E 2002] (the Constitution), and recent decision of this court in Yusuph John @ Kimeumana v. Republic, Misc. Criminal Application No. 889 of 2025. The record shows that the accused is prosecuted for attempted murder of the victim and was arraigned in this court to reply the information of attempted

murder in the case. The cited statutory law provides for bail in bailable offences, like the instance one, and the indicated articles in the Constitution provide for presumption of innocence and right to movement. I have read the indicated precedent and found that applications related to bail to persons who are alleged to have committed manslaughter or attempt to murder victims may be considered for bail as the offences fall under bailable species of crimes. In the end, and having the law and practice on the subject, I have no any problem in committing the applicant to bail, as I hereby do so. However, before the enjoyment of freedom of movements, the applicant must fulfill the following listed 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 3 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 Registry or District Resident Magistrate In-charge of the District Court of Tarime at Tarime; 6. The applicant must report to the Deputy Registrar of this Sub Registry or District Resident Magistrate In-charge of the District Court of Tarime at Tarime once on every last Monday of every Month; and 7. The applicant must surrender his 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 Tarime at Tarime. The listed bail conditions in this Ruling shall be supervised by the Deputy Registrar of this Sub Registry or District Resident Magistrate In-charge of the District Court of Tarime at 4 Court: This Ruling was delivered in Chambers under the Seal of this court in the presence of the applicant's learned counsel, Ms. Mary Samson and in the presence of Mr. Jonas Kivuyo, learned State Attorney for the respondent. 5