WENDY INSHENGOMA BAIL APPLICATION

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA DAR ES SALAAM SUB-REGISTRY AT DAR ES SALAAM. CRIMINAL APPLICATION NO. 7157 OF 2025 (C/f Economic Case No.30845 of 2023 in the Resident Magistrates’ Court of Dar es Salaam at Kisutu) WENDY WILLIAM ISHENGOMA………………………………APPLICANT Vs THE REPUBLIC…………………………………………………RESPONDENT RULING Date of last Order:2-4-2025 Date of Ruling:3-4-2025 B.K. PHILLIP, J. This application is made under the provisions of sections 29 (4) (b) and (d) and 36 (1) of the Economic Crimes Control Act (“EOCCA”), section 148 (1) of the Criminal Procedure Act (“CPA”). The applicant’s prayers are reproduced verbatim hereunder; a) That the Honourable Court be pleased to grant bail to the applicant pending the committal proceedings currently pending in the Resident Magistrates Court of Dar es Salaam in Economic Case No. 30853 of 1 2024, awaiting trial before the Corruption and Economic Crimes Division of the High Court of Tanzania. b) Any other orders, as the court may deem just and equitable to grant. A brief background to this application is that the applicant herein is one of the three accused persons in Economic Case No. 30845 of 2024 in the Resident Magistrate’s Court of Dar-es-Salaam at Kisutu, facing the following charges; i) Leading organized crime contrary to paragraph 4(1) (a) of the First Schedule to, read together with Sections 57(1), and 60(2) both of the Economic and Organized Crime Control Act, [Cap 200 R.E 2022] ii) Managing a pyramid scheme contrary to Sections 171A (2)(a)(i) and (3) of the Penal Code [Cap 16 R.E 2022]. This application is supported by an affidavit sworn by the learned advocate Ashiru Lugwisa, who appeared for the applicant in this application. A copy of the medical report from Amana Hospital is attached to the affidavit. The respondent did not file any counter-affidavit. The contents of the affidavit in 2 support of this application reveal that the offences charged against the applicant are bailable. The amount involved in the charge facing the applicant is Tshs. 3,631,761,863/=.The applicant gave birth to a baby boy in Amana Regional Referral Hospital. Thus, she needs medical attention for herself and her baby, including regular clinic visits. The applicant has never been charged with any offence previously. If she is granted bail, she will not interfere with the investigation of the case or the administration of justice. She is ready to abide by the bail conditions that this court will impose. During the hearing of this application, the learned State Attorney Salome Matunga appeared for the respondent. Ms. Matunga informed this court that the respondent was not contesting the application. However, she reminded this court to take into consideration the provisions of Section 36(5) of EOCCA regarding bail conditions. Submitting in support of the application, Mr. Lugwisa started his submission by adopting the contents of the affidavit in support of the application. He went on to submit that the offences charged against the applicant are bailable as they are not among the non-bailable offences listed under Section 148 of the CPA. The applicant is willing to abide by the bail conditions that 3 this court will impose. The applicant will not interfere with the investigations of the case if she is granted bail. Moreover, Mr. Lugwisa referred this court to Article 13 of the Constitution of the United Republic of Tanzania. He argued that the applicant has a right to be granted bail as she is presumed innocent under the law. He implored this court to consider the provisions of sections 148(1), (2), and (3) of the CPA and section 36(5) of the EOCCA, which provide criteria for granting bail to accused persons. In conclusion to his submission, he prayed that this application be granted. Having dispassionately analyzed the arguments raised by Mr. Lugwisa, as well as perused the affidavit in support of the application, which remains unchallenged, I am satisfied that this application has merit. The offences charged against her are bailable and she is ready to abide by all bail conditions. Thus, I hereby admit the applicant to bail. The amount involved in this case is in total Tshs. 3,631,761,863/=, and in terms of Section 36(5) of the EOCCA, half of the said amount, that is, Tshs. 1,815,880,931.50 must be deposited in court or a certificate of title to an immovable property of equal value, and the remainder shall be secured by the execution of a bond. However, since the case involves four accused persons, the amount 4 mentioned above shall be divided equally among them. Thus, the applicant is admitted to bail under the following conditions; i) The applicant should deposit in court Tshs.453,970,233/= or a certificate of title of immovable property of similar value or more located in Dar es Salaam. ii) The applicant must secure two reliable sureties to execute bonds of Tshs.226,985,117/= each. One surety must be an employee of the Government of the United Republic of Tanzania or a reputable company. iii) Each surety must have either a Passport or National Identity or Driving Licence or Voter’s Card and sureties’ particulars must be recorded. iv) The applicant is prohibited from leaving the Jurisdiction of this court without prior permission from the Resident Magistrate’s Court of Dar es Salaam at Kisutu or this Court. v) The applicant should surrender her passport and any other traveling documents to this court. 5 vi) The applicant is required to appear in court at any time when summoned until the final determination of Economic Case No. 30845 of 2024. vii) The applicant must ensure that she does not commit any offence that attracts a custodial sentence while on bail. If she commits such an offence, she shall be required to show cause why her bail should not be cancelled. Verification of sureties and bond documents shall be executed by the Deputy Registrar of the High Court of Tanzania, Dar es Salaam Sub- Registry, at Dar es Salaam. Dated at Dar es Salaam this 3rd day of April 2025 B.K. PHILLIP JUDGE 6 7