Juris

  Attorney General v Jeremy Mtobesya (Mtobesya case) few weeks ago held that section 148(4) was ‘unconstitutional’ as well as ‘null and void’ on account of its derogation from the provisions of Article 13(6)(a) of the Constitution of the United Republic of Tanzania. In the Mtobesya case, the Court made a remark that the Economic and Organised Crime Control Act ‘contains a provision akin to section 148(4) of the CPA through which the DPP is similarly empowered to issue a certificate denying bail to an accused person upon grounds that safety or interests of the United Republic are likely to be prejudiced by granting bail.’ Despite the decision in the Mtobesya case, the Court of Appeal in this latest decision, has effectively ruled the opposite in that since the bail application was heard on its merits and only then was bail denied, the Appellant cannot now argue that he was not given a chance to be heard and such allegations were baseless and unfounded. In trying to distinguish Mtobe...