hamis idd yusuph vs republic 2022 tzhc 12392 31 march 2022

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (DODOMA DISTRICT REGISTRY)

AT DODOMA MISC. CRIMINAL APPLICATION NO. 71 OF 2021 (Originating from Economic Case No. 7 of 2021 Kondoa District Court) HAMIS IDD YUSUPH ....................................APPLICANT

VERSUS THE REPUBLIC........................... RESPONDENT

RULING By virtue of section 29(4) (a) of the Economic and Organised crimes Control Act, [Cap. 200] as amended vide Written Laws (Miscellaneous amendments) Act, 2022 (Act No. 1 of 2022) which came into force on the 8th day of March, 2022 this Court's jurisdiction on bail in respect of economic crimes pegged on monetary value is TZS 300,000,000/- and above. According to the charge sheet, the Applicant was allegedly found in possession of the Government trophies, Giraffe skin, impala legs and Dikdik leg valued TZS 34,785,000, TZS 2,713,230 and TZS 579,750 respectively. That is to say, the monetary value involved in the alleged crime is still below TZS 300,000,000/= for this Court to exercise its jurisdiction on this bail application visavis i the Applicant's prayer that his Application for bail be considered by the District Court of Kondoa at Kondoa. Thus, the Application for bail is hereby struck out of the Court for want of jurisdiction. The Applicant may wish to file his application for bail Jf any, in the District Court of Kondoa accordingly. This is because pursuant to section 29(4) (a) of the Economic and Organised Crime Control Act, [Cap. 200] as amended, the power to hear bail applications and grant bail between the arrest and the committal of accused for trial by the Court is hereby vested in the District Court and the Court of Resident Magistrate if the value of the property involved in the offence charged is less than three hundred million shillings. GEORGE M. MASAJU

JUDGE 31/3/2022 2