This appeal originates from a preliminary inquiry pending in the Resident Magistrate’s Court, Tanga. The particulars allege that at the Tanga weigh bridge, the Respondents did traffic three (3) kilograms of cocaine hydrochloride valued at a sum of Tshs. 202,500,000/=. The indictment was read over and explained to the Respondents whom were not required to plead by the Court below. Soon after, the learned advocate for the Respondents, rose to request for bail on behalf of all the Respondents. Her submission was to the effect that the indicted offences are bailable; that the prosecution had not produced a certificate from relevant authorities to quantify the value of the impugned drugs; that the Respondents had reliable sureties and; that they were ready, able and willing to make a deposit of up to half of the value of the property involved. The quest was resisted by the DPP on the ground that the indicted offence was, imperatively, unbailable. The learned Resident Magistrate was, nonetheless fully satisfied that a Subordinate Court is empowered to grant bail, if asked to, with respect to bailable offences triable in the High Court.

