The DPP versus Bashiri Waziri and Another; Criminal Appeal No. 168 of 2012: Court of Appeal of Tanzania at Mwanza (Unreported).
- Criminal Procedure
- Bail – when it can be denied?
- Bail – whether subordinate court has powers to grant bail for matters triable by the High court.
- Bail – Whether persons charged with illicit drugs are entitled to bail.
Held:-
(i) Since the denial of bail is necessarily an inroad into the personal freedom of a person and is against the pre-sumption of innocence, it can only be derogated from on public policy, and only when the public policy is backed by clear provisions of the law.
(ii) When a matter is triable by the High Court, a subordinate court at the stage of committal proceedings has power to grant bail for any bailable offence. The High Court is not clothed with the jurisdiction at all to entertain the bail application unless the same is denied by a subordinate court.
(iii) Where the charge is illicit traffic in drugs, the door for bail are closed, but where the charge is being in possession of drugs not meant for conveyance or commercial use the doors to bail are open.
(iv)For a charge of trafficking in drugs, the doors to bail are closed and a certificate of the Commissioner for the National Co-ordination of Drugs Control as per section 148(5)(a)(iii) of the CPA read together with section 27(i)(b) of the Drugs and Prevention of Illicit Traffic in Drugs Act does not apply, but for a non – trafficking charge involving the drugs listed in the schedule to the CPA, bail is restricted only if the value of the drugs is certified to be over ten million shillings.