Tanzania Case Law

WILFRED WERANDUM MASSAWE 2 RULING

Court

TANZLII

The bail conditions set by the Dodoma Resident Magistrate Court are fair, manageable, and justified by the seriousness of the offences. Varying the conditions for the applicant alone would violate the principle of equality before the law and constitute discrimination among co-accused. No solid grounds were presented to warrant the exercise of the High Court's discretion to vary the bail terms.

Source excerpt

• Bail
• Variation of bail conditions
• Equality before the law
• Presumption of innocence
• Discretionary powers of court

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RULING MENATI BINSONI MZUMBWE VS NPS

Court

TANZLII

The applicant is entitled to bail as the offence is bailable, the application is unopposed, and the statutory conditions for bail, including deposit of half the value involved shared among accused, are satisfied.

Source excerpt

• Bail
• Economic and organized crimes control
• Presumption of innocence

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EMMANUEL KERATO RULING 0001

Court

TANZLII

The applicant is entitled to bail as attempted murder is a bailable offence under Tanzanian law, and constitutional rights to presumption of innocence and movement support bail, subject to conditions.

Source excerpt

• Bail
• Attempted murder
• Presumption of innocence
• Right to movement

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damian v united republic of tanzania application no 0482016 2024 afchpr 8 4 june 2024

Court

TANZLII

The African Court held that Tanzania’s mandatory death penalty violated the rights to life and dignity, but rejected the Applicant’s fair trial claims.

• Right to life
• Death penalty
• Right to dignity
• Right to fair trial
• Mandatory sentencing
• Cruel, inhuman or degrading treatment

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MASHALA

Court

TANZLII

The applicants are entitled to bail as the offences charged are bailable, the amount involved exceeds the subordinate court's jurisdiction, and there are no compelling reasons to deny bail. The court is empowered to grant bail to all eligible accused, including those who did not formally apply, to ensure parity and avoid conflicting decisions. Bail is granted subject to strict statutory and court-imposed conditions.

Source excerpt

• Bail
• Economic and organised crime
• Jurisdiction
• Presumption of innocence
• Equality before the law

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final ruling OMARY BASHIRI 12

Court

TANZLII

The applicant is entitled to bail as a constitutional right, subject to compliance with statutory conditions for economic offences, including deposit of half the shared pecuniary loss and provision of reliable sureties.

Source excerpt

• Bail
• Economic offences
• Presumption of innocence

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MCA 42742 OF 2024 IDDY OMARY VS REP

Court

TANZLII

No exceptional or unusual circumstances demonstrated; presumption of innocence inapplicable post-conviction; family dependency and alleged sickness insufficient; no substantiated defect in charge; granting bail would jeopardise justice.

Source excerpt

• Bail pending appeal
• Exceptional circumstances
• Presumption of innocence
• Defective charge

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chanthunya c republique du malawi requete n 001 2022 2024 afchpr 20 13 novembre 2024

Court

TANZLII

The Court found that the applicant's rights under Article 7(1) of the African Charter and related instruments were not violated. The applicant had access to appellate review, was convicted based on evidence assessed by national courts, had the opportunity to challenge prosecution evidence, was presumed innocent until proven guilty, was properly notified of charges, and received reasoned judicial decisions. No manifest arbitrariness or denial of justice was established.

Source excerpt

• Right to fair trial
• Presumption of innocence
• Right to defense
• Notification of charges
• Reasoned judgments
• Evidence assessment

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JOHN MWITA 23

Court

TANZLII

The applicants are entitled to bail as the offence charged is bailable, they have not violated previous bail conditions, and there is no legal basis to deny bail under the Constitution and relevant statutes.

Source excerpt

• Bail
• Attempt to murder
• Presumption of innocence
• Right to liberty

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lucia maria mboje v republic 2023 tzhc 23783 4 december 2023

Court

TZHC

High Court granted bail pending trial to an accused charged with attempted murder, holding that suspicion alone cannot justify denial of bail.

• Bail
• Attempted murder
• Presumption of innocence
• Attempted-murder
• Presumption-of-innocence
• Criminal-procedure

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