robert simon kisena others vs republic 2019 tzhc 23 2 october 2019

robert simon kisena others vs republic 2019 tzhc 23 2 october 2019

Bail is granted as the offences are bailable, subject to statutory conditions including cash deposit or property equal to half the value of the subject matter, bond by sureties, appearance requirements, surrender of travel documents, and restriction of movement within Dar Es Salaam.

Source-derived case information.

Citation
robert simon kisena others vs republic 2019 tzhc 23 2 october 2019
Parties
Applicant: Robert Simon Kisena; Applicant: Kulwa Simon Kisena; Applicant: Charles Seleman Newe; Applicant: Chen Shi; Applicant: Florencia Jonathan Mashauri; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 October 2019
Procedural Posture
Miscellaneous Criminal Application / Bail Application
Outcome
bail granted
Legal Topics
Bail, Organized Crime, Economic Offences
Source Language
english
Criminal Law Economic Crimes Bail Organized Crime Economic Offences

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Parties

Robert Simon Kisena

Applicant

Kulwa Simon Kisena

Applicant

Charles Seleman Newe

Applicant

Chen Shi

Applicant

Florencia Jonathan Mashauri

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Bail Application

Legal Issues

  1. 1 whether bail should be granted to applicants charged with economic and organized crime offences
  2. 2 what conditions should be imposed for bail given the gravity and monetary value of the offences

Ratio Decidendi

Bail is granted as the offences are bailable, subject to statutory conditions including cash deposit or property equal to half the value of the subject matter, bond by sureties, appearance requirements, surrender of travel documents, and restriction of movement within Dar Es Salaam.

Court Disposition

bail granted

Orders

  • Applicants to pay cash deposit or landed property equal to half the subject value; remaining balance secured by bond executed by two sureties
  • Applicants to appear before the Committal Court at the end of every month