stewart kimambo so kimambo others vs republic 2007 tzhc 324 6 november 2007

Where several accused are jointly charged with a single economic offence involving property loss, the statutory cash deposit required for bail under section 36(4)(e) of Cap 200 should be divided equally among the accused, not imposed in full on each individual.

Citation: stewart kimambo so kimambo others vs republic 2007 tzhc 324 6 november 2007
Parties: Applicant: Stewart Kimambo s/o Kimambo & 3 Others; Respondent: Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 6 November 2007
Procedural Posture: Miscellaneous Criminal Application / Bail Application Pending Trial
Outcome: Bail granted subject to conditions
Legal Topics: Bail, Economic and Organised Crime, Statutory Interpretation
Source Language: English

Criminal Law Bail Economic and Organised Crime Statutory Interpretation

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Parties

Stewart Kimambo s/o Kimambo & 3 Others

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Bail Application Pending Trial

Legal Issues

1 Whether the applicants are entitled to bail under section 36(4)(e) of the Economic and Organised Crime Control Act Cap 200
2 Whether the statutory bail deposit requirement should be apportioned among jointly charged accused persons

Ratio Decidendi

Court Disposition

Bail granted subject to conditions

Orders

Each applicant to deposit Tshs. 5,000,000 in cash
Each applicant to furnish a bail bond of Tshs. 2,500,000 with two sureties, one of whom must produce a title deed of immovable property in Moshi Municipality