MWITA JOSEPH MNIKO RULING 0001

THE UNITED REPUBLIC OF TANZANIA (JUDICIARY) THE HIGH COURT (MUSOMA SUB REGISTRY AT MUSOMA) Misc. CRIMINAL APPLICATION No. 27209 OF 2024 (Arising from the High Court [Musoma Sub Registry] in Criminal Sessions Case No. 21332 of2024 & the District Court of Tarime at Tarime in Preliminary Inquiry Case No. 146561 of2024) 1. MWITA JOSEPH MNIKO APPLICANTS 2. MAKWI MARWA MAKWI Versus REPUBLIC RESPONDENT RULING 17.10.2024 & 17.10.2024 Mtulya, J.: Mr. Mwita Joseph Mniko and Mr. Makwi Marwa Makwi (the applicants) were enjoying bail granted by District Court of Tarime at Tarime (the committing court) in Preliminary Inquiry Case No. 146561 of 2024 (the PI case). However, the bail enjoyment was cancelled by the committing court on 17th September 2024, when the applicants were committed to this court for Criminal Sessions Case No. 21332 of 2024 (the case) lodged in this court by the Republic (the respondent). The applicants intend to enjoy bail again at this court pending hearing and determination of the case. In pursuit of the move, the applicants had instructed Mr. Juma David Mwita, learned counsel to lodge the present application on their behalf to pray for bail in this court. Today afternoon, Mr. Samson Sarno, i learned counsel, holding brief of Mr. Mwita, had appeared in the application stating that he was instructed by Mr. Mwita to proceed with the hearing of the application. In the affidavit in support of the application, Mr. Mwita stated that the applicants are peasants residing at Binagi Street within Tarime District in Mara Region and are prosecuted for attempt to murder Mr. Mwita Chacha Mniko (the victim). Mr. Mwita stated further that the applicants were enjoying bail in the PI case and did not breach any bail conditions, the offence is bailable and the applicants have reliable sureties to meet bail conditions. During submission in favor of the application, Mr. Sarno had prayed the affidavit in support of the application be adopted to read together with his submission and briefly stated that bail is a constitutional right and the applicants are prosecuted for bailable offence of attempt to murder the victim. In his opinion, this court is empowered to grant bail as the applicants have shown good behaviours at the committing court during PI case, the offence is bailable and that the applicants have reliable sureties to meet bail conditions that will be listed by this court. In replying the submission of Mr. Sarno, the Republic (the respondent), had brought in the application Mr. Jonas Kivuyo, learned State Attorney, who did not dispute the submission of Mr. Sarno. According to him, the indicated offence is bailable and this court may decide on appropriate conditions to be imposed to the 2 applicants to enjoy freedom of movement. The instant record shows that the applicants were brought in this court on 24th September 2024 to reply allegation of attempt to murder the victim contrary to sections 211(a) and 380 (1) of the Penal Code [Cap. 16 R.E. 2019] (the Penal Code). The incident is allegedly to have occurred on 17th December 2023 at Binagi Street within Tarime District in Mara Region. The record displays further that the applicant had previously enjoyed bail at the committing court in the PI case and received cancellation of the same on 17th September 2024. Today, Mr. Sarno claimed that the applicants had enjoyed bail during PI case without any breach of conditions, and Mr. Kivuyo did not protest the submission. The law regulating bail to accused persons prosecuted for attempt to murder is enacted in Criminal Procedure Act [Cap. 20 R.E. 2022] (the Act) and found support in the Constitution of the United Republic of Tanzania [Cap. 2 R.E. 2002] (the Constitution). The specific provisions on the subject are cited in section 148 (1), (6) & (7) of the Act and articles 13 (6) (b) & 17 (1) of the Constitution. The indicated provisions of the law have already received interpretation of this court in a bunch of precedents (see: Emmanuel Nguka @ Anditi v. Republic, Misc. Criminal Application No. 25 of 2023; Maruru Zabron v. Republic, Misc. Criminal Application No. 24 of 2023; and Daniel Philimon Dinda 3 v. Republic, Misc. Criminal Application No. 20710 of 2024). Having the law and practice on the issue, I have no any hesitation in committing the applicants to bail, as I hereby do so. However, for the applicants to enjoy bail, they must fulfill the following conditions, namely: 1. Each applicant must sign bail bond to the tune of Tanzanian Shillings Three Million Only (3,000,000/=); 2. Each applicant must register two (2) reliable sureties who are able (each one) to execute bail bond amounting to Tanzanian Shillings One Million Only (1,000,000/=); 3. Each surety 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 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 applicants should not leave Mara Region without prior written authorization of the Deputy Registrar of this Sub Registry or District Resident Magistrate In- charge of Tarime District Court at Tarime; 6. The applicants must report to the Deputy Registrar of this Sub Registry or District Resident Magistrate In- 4 charge of Tarime District Court at Tarime, once on every last Monday of every Month; and 7. The applicants must surrender his passport or any other travelling documents to the Deputy Registrar of this Sub Registry or District Resident Magistrate In-charge of Tarime District Court 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 Tarime District Court at Tarime. // -u < I------ 'll I JlA— T»rr^^nr~---------- ,H. Mtulya Judge 17.10.2024 Court: This~Ruling was delivered in Chambers under the Seal of this court in the presence of the applicants' learned counsel, Mr. Samson Sarno and in the presence of Mr. Jonas Kivuyo, learned State Attorney for the respondent. Judge 17.10.2024 5