20171214 TZHC Arusha2

20171214 TZHC Arusha2

The DPP's certificate denying bail met all statutory requirements under section 36(2) of the Economic and Organized Crimes Control Act; therefore, the court is bound to refuse bail regardless of whether reasons are provided.

Citation
20171214 TZHC Arusha2
Parties
Applicant: Hussein s/o Ibrahim @ Janjit; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 December 2017
Procedural Posture
Miscellaneous Criminal Application / Ruling on Bail Application Pending Trial
Outcome
application dismissed
Legal Topics
Bail, Economic Crimes, Public Interest, Abuse of Legal Process, Presumption of Innocence
Source Language
English
Criminal Law Constitutional Law Bail Economic Crimes Public Interest Abuse of Legal Process Presumption of Innocence

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Parties

Hussein s/o Ibrahim @ Janjit

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Bail Application Pending Trial

Legal Issues

  1. 1 Whether the applicant should be granted bail pending trial despite the DPP's certificate under section 36(2) of the Economic and Organized Crimes Control Act
  2. 2 Whether the DPP's certificate constitutes an abuse of legal process or violates constitutional rights

Ratio Decidendi

The DPP's certificate denying bail met all statutory requirements under section 36(2) of the Economic and Organized Crimes Control Act; therefore, the court is bound to refuse bail regardless of whether reasons are provided.

Court Disposition

application dismissed

Orders

  • bail denied
  • application lacks merit and is dismissed