On 2/5/2019 the Respondent, a practicing advocate who had
represented various persons in courts of law in criminal cases, lodged a
petition in the High Court of Tanzania, Tanga Registry, challenging the
constitutionality of the provisions of section 148 (5) of the CPA on various
grounds. Before the High Court, the Respondent sought the following declaratory
orders: one, the provisions of section 148(5) of the CPA be declared
unconstitutional for being violative of Articles 13(3) and 6(b) and 15(1) and
(2) of the Constitution. Two, the trial courts vested with jurisdiction
to deal with any offences be left to deal with the question of bail upon being
properly moved by parties to the criminal disputes and three, the High
Court to issue directives as it may deem fit to meet the ends of justice and
the protection of the constitutional rights of the people.
After hearing the parties, the High Court delivered its
judgment and declared the whole of section 148(5) of the CPA unconstitutional.
Aggrieved by the decision of the High Court, the Appellant appealed to the
Court on ten grounds.