SAMWEL ODIPO RULING 0001

THE UNITED REPUBLIC OF TANZANIA (JUDICIARY)

THE HIGH COURT (MUSOMA SUB REGISTRY AT MUSOMA) Misc. CRIMINAL APPLICATION No. 25100 OF 2024 (Arising from the High Court [Musoma Sub Registry] in Criminal Sessions Case No. 15569 of2024 & the District Court of Rorya at Rorya in Preliminary Inquiry Case No. 3551 of2024) SAMWEL ODIPO THUONDO....................................... APPLICANT Versus REPUBLIC................................................................ RESPONDENT

RULING 29.10.2024 & 29.10.2024 Mtulya, J.: Mr. Samwel Odipo Thuondo (the applicant) was granted bail during the Preliminary Inquiry Case No. 3551 of 2024 (the PI case) at District Court of Rorya at Rorya (the committing court) on 8th March 2024. However, his freedom to movement was curtailed again on 20th June 2024 when he was committed to this court for Criminal Sessions Case No. 15569 of 2024 (the case) lodged in this court by the Republic (the respondent). The applicant intends to enjoy bail again pending hearing and determination of the case hence preferred the instant application claiming that this court is empowered to resolve the application and grant the applicant bail. In his affidavit in support of the application, the applicant stated that: he had enjoyed bail without any breach of the conditions; he will appear in the case i for any date that shall be ordered by the court; the offence is bailable; he was never convicted in any criminal offence; and his family depends on him. Today, when he was called for hearing in this court, via teleconference attached in this court, the applicant submitted in brief that he had previously enjoyed bail without breach of any condition and has reliable sureties to meet bail conditions. Replying the submission of the applicant, Mr. Zarubabery Ngowi, learned State Attorney, supported the move and had reasoned that the applicant had

shown good behavior in the PI case as he did not jump bail. According to him, the indicated offence is bailable and this court may impose appropriate conditions that will make the applicant enjoy freedom of movement, but be available when needed to reply his charge. The instant record shows that the applicant was brought in this court on 20th June 2024 to reply allegation of attempt to murder Mr. John Ogutu Wanga (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 8th December 2023 at Kowaki Village within Rorya 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 2 cancellation of the same on 20th June 2024. Today in this court the applicant prays bail for the reasons that the offence is bailable and he had previously enjoyed bail in the PI case without any breach of conditions, and Mr. Ngowi supported the submission and prayer of the applicant. 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 bundle 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 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 applicant to bail, as I hereby do so. However, for the applicant to enjoy bail, he must fulfill the following conditions, namely: 3 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 Orre Million Only (1,000,000/=); 3. The sureties 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 applicant should not leave Mara Region without prior written authorization of the Deputy Registrar of this

Sub Registry or District Resident Magistrate In-charge of Rorya District Court at Rorya; 6. The applicant must report to the Deputy Registrar of this Sub Registry or District Resident Magistrate In-charge of Rorya District Court at Rorya, once on every last Monday of every Month; and 7. The applicant must surrender his passport or any other travelling documents to the Deputy Registrar of this Sub 4 Registry or District Resident Magistrate In-charge of Rorya District Court at Rorya. 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 Rorya District Court at Rorya. Judge 29.10.2024 delivered in Chambers under the Seal of this court in the presence of the applicant, Mr. Samwel Odipo Thuondo and in the presence of Mr. Zarubabery Ngowi, learned State Attorney for the respondent. F.H. Mt Judge 29.10.2024 5