SADICK IDDI NYAKOHANDA RULING 0001

THE UNITED REPUBLIC OF TANZANIA (JUDICIARY)

THE HIGH COURT (MUSOMA SUB REGISTRY AT MUSOMA) Misc. CRIMINAL APPLICATION No. 26021 OF 2024 (Arising from the High Court [Musoma Sub Registry] in Criminal Sessions Case No. 11506 of2024 8 the District Court of Tarime at Tarime in Preliminary Inquiry Case No. 0043 of2023) SADICK IDDI NYAKOHANDA................................. APPLICANT Versus REPUBLIC................................................................ RESPONDENT

RULING 18.09.2024 & 18.09.2024 Mtulya, J.: The applicant, Mr. Sadick Iddi Nyakohanda, was brought in this court for allegation of Acts Intended to Cause Grievous Harm on the head of Mr. Samwel Mandela (the victim) by using machete contrary to section 222 (a) of the Penal Code [Cap. 16 R.E. 2022] (the Penal Code). The incident is allegedly to have occurred on 7th December 2023 at Sokoni Village within Tarime District in Mara Region. Being aware the offence is bailable, the applicant has instructed Mr. Samson Sarno, learned counsel to draft and register the instant application in favor of bail pending determination of Criminal Sessions Case No. 0043 of 2023 (the case) lodged in this court by the Republic (the respondent). In the affidavit in support of the application, Mr. Sarno has produced four (4) reasons to persuade this court to resolve the application in i favor of the applicant, namely: first, bail is constitutional right of accused persons and the offence which the applicant is prosecuted for is bailable; second, the applicant has previously enjoyed bail without breach of any conditions or attempt to interfere with the investigation of the case during Preliminary Inquiry Case No. 522168 of 2023 (PI) at the District Court of Tarime at Tarime (the district court); third, the applicant is sick suffering from neurological deterioration and is required to attend clinic at

Bugando Medical Centre once in every two (2) months; and finally, the applicant has immovable properties and reliable sureties to meet bail conditions. Today morning, the application was scheduled for hearing and Mr. Sarno had appeared for the applicant and prayed the affidavit in support of the application be adopted to be part of the submission. In his brief submission in support of the application, Mr. Sarno cited the fourth, seventh, eighth and ninth paragraphs of the affidavit, which contain the four (4) reasons in favor of the application. According to him, the applicant is a good person who had previously enjoyed bail without any breach and the offence which he was arraigned to this court is bailable hence he may be granted bail pending his trial. On the other hand, Mr. Tawabu Yahya Issa, learned Senior State Attorney, who had appeared for the Republic supported the move. In his opinion, the offence under which the applicant is 2 prosecuted is bailable and enjoyment of bail is part of the constitutional right. Finally, Mr. Tawabu had decided to let it to this court to decide on application and appropriate conditions to be set for the applicant to enjoy bail. I have perused the record of the instant application and found that the applicant was arraigned in this court on 25th July 2024 for trial to reply the allegation of Acts Intended to Cause Grievous Harm to the victim

contrary to section 222 (a) of the Penal Code. The incident is allegedly to have occurred on 7th December 2023 at Sokoni Village within Tarime District in Mara Region. I have also learned that the applicant had previously enjoyed bail at the committing court when awaiting his committal proceedings to complete. The laws enacted in in Criminal Procedure Act [Cap. 20 R.E. 2022] (the Act) and Constitution of the United Republic of Tanzania [Cap. 2 R.E. 2002] (the Constitution) permit bail to accused persons who are prosecuted for bailable offences. The cited crime in the case and instant application is bailable under the provisions of sections 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; 3 and Daniel Philimon Dinda v. Republic, Misc. Criminal Application No. 20710 of 2024). Having the law and precedents on the subject, I have no any reasons as to why the applicant should not be granted bail, as I hereby do so. However, for the applicant to enjoy bail, he must fulfill the following conditions, namely: 1. The applicant must sign bail bond to the tune of Tanzanian Shillings Three

Million Only (3,000,000/=); 2. The applicant must register two (2) reliable sureties who are able to execute bail bond amounting to Tanzanian Shillings One Million Only (1,000,000/=) each and 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; 3. 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; 4. The applicant should not leave Mara Region without prior written authorization of the Deputy Registrar of this Sub Registry or Resident Magistrate In-charge of the District Court of Tarime at Tarime; 5. The applicant must report to the Deputy Registrar of this Sub Registry or Resident Magistrate In-charge of the 4 District Court of Tarime at Tarime, once on every last Monday of every Month; and 6. The applicant must surrender his passport or any other travelling documents to the Deputy Registrar of this Sub Registry or Resident Magistrate In-charge of the District Court of Tarime at Tarime. The listed bail conditions in this Ruling shall be supervised by the Deputy Registrar of this Sub Registry or Resident Magistrate In-charge of the District Court of Tarime at Tarime. F.H. Mti Judge 18.09.2024 Court: This Ruling was delivered in Chambers under the Seal of this court in the presence of the applicant's learned counsel, Mr. Samson Sarno and in the presence of Mr. Tawabu Yahya Issa, learned Senior State Attorney for the respondent. Judge 18.09.2024 5