This appeal emanated from the Ruling of the High Court of Tanzania at Dar es Salaam which refused the application for bail on the basis that, once the Director of Public Prosecutions filed a certificate in terms of section 36(2) of the Act, objecting bail, then, the court could not entertain application for bail and grant the same. The Appellant being dissatisfied with the Ruling of the High Court, appealed to this Court.
The Appellant argued that the judge erred in law and in fact when he ruled out that the High Court has no jurisdiction to grant bail once the Director of Public Prosecutions files certificate objecting bail to be granted to the applicant. He also stated that the judge erred in law to hold that the High Court need not ascertain the reasons behind the certification of the Director of Public Prosecutions. The Appellant also stated that bail is the constitutional right of an accused person and the court could not base its ruling on the blanket statement made by the Director of Public Prosecutions, in the certificate, that public safety and interest will be prejudiced if the Appellant is granted bail.