19811118 TZHC Dar es Salaam2

:, ~~-0 ()- 1)1) f ~ ~~ ~ D.~ THE HIGH COURT OF TANZANIA. · ·- AT DAR ES &\LAAM ........... MISCELLANIDUS CRIHINAL CAUSE NO.• 2't. OF l9al • r,: • • .......... IN THE MATTER OF Al'f APPLICATION roR BAIL PENDING . P,I. AT DISTRICT COURT KIVOKONI AND IN THE MATTER OF CRTI1Il~L CASE NO• 504 OF 1981 1 IN THE ])!STRICT COURT OF ILALA DIS':RICT AT....,..,.. KIVUKONI -•-· KASSIM SAAD •• ., •• Vex:sus u •• •• 1.tEPUJilJ:C RU LI N-G t: . . . . . , . , .......... c RUHUMBm., J.'., . .. This is a.n a.ppl.ication .:or lnil pending 'tlie lwa:cine of a prelitiina.ry inquiry and subsequently pel\ding trial before I the Hiab Court •.. The applicant is a juvenile, aged abo .1t 11, years, wh<?' is 0 -, cha.reed with the offence of uurcler c/s 196 of the Per1t1+ ·code. The bail application was first r.1ade before the Kivukoni Resident Magistra.t&~S Cou::·:;, frou where the record wa.s transferred to this Court as the Resident Macistro.te 1 s Court in question had no jurisdiction to entertain such a.n application. •The Court has had the oppo:r:tuni ty of hearine the views of two Pro b;;~t ivn 4if Officers. One of these officers is responsible for child welfare, and ·c,o other one is the Warden of the juvenile Rena.nd !Ione run by the Social We~fare Division. The Republic, while not objectine to the bail a.pplicatic,n "per se", was rather sceptical. about the safety of the accused child hinsclf

, if · released on. bail.at this tine while the grief in the r.1inds of the deceased ohild 1 s parents was still current~ The Probation Officer responsible for child welfare has not been able to interview the parents of the deceased child, as the father of the ,, deceased child is away at Tanga and the nother does not liw in Dar- said es Sala.an. ../2 2 - The Warden of the Reoand Hona has told the- Court that the inua.tes at the Renand Hone are properly cared for and that each one of theo has his own bed and that food is served at the table. Although this Warden expressed the view t~at sone of the inr.1ates at the ReL'la.Ild Hone are hardened juvenile delinquents, he also ,inforr.1ed the Court that the adninistration at the Ren-and HoDe does all what is in its powers to check the delinquent behaviours fr.on spreading over to the other inoates. The . Court has carefully considered the natter of this bail applicc" ti0i:, and the Court is convinced that the Reoa.nd Hone is a proper institution where the accused juvenile should renain pending his• trial. This is because of the security of the child hioself. Releasing the accused juvenile on bail at this tine nay expose the juvenile to sotie danger. Accordingly, it is in the interest of justice thatth.is application for bail is rejected. The accused juvenile shall continue baing held ·e.t the Renand Hone t pending his trial as

ordered by the lower o:>urt. The Warden of the Reoand Hone is requested to ensure that the u.uvenile is properly taken care of and does not pick .on the undeserving delinquc::-.t behaviours fron the hard-c·ore delinquents in the Renand Hone. The prosecution in this case is requested to hasten the prelininary inquiry proceedings at the lower murt so that the juvenile is tried bcfc:.,:,o the High Court without nuoh delay~ The parents should be allowed to visit the juvenile at the Renand ~oeo as often as will_be pernissible and see what could be done for the best welfare of the juvenile. T~Q P~~~b~ the 1~~:c ~ t . : ~ be ,had und.er the'prov:'..- .· . 'Of: . . ~ 11 tJ18' .children and Young Persons Ordinance ... Cap. 1,. Delivere at Dar es Sa.laa.o this 18th day of Novet1ber, 1981. (R.J .L. RUHUMBIKA)

JUDGE MR-ES-SALAAM 1a/11/a1