Mbowe, Matiko back in remand as court pushes back bail ruling

Dar es Salaam. The fate of bail for Chadema national chairman Freeman Mbowe and party’s woman wing (Bawacha) treasurer Esther Matiko will be known in unspecified date after the appellant and the defendant closed their submissions today.

On Monday, February 18, 2019, the appellant submitted two arguments before the Court of Appeal praying that the case Number 344 should be dropped because it contravened with Section 362 (1) of the Criminals Procedure Act cap 20.

They demanded that according to the law, an appeal should be attached with case procedures and the minor judgement from the High Court that is being disputed by the two sides.

Before a team of three Judges Stella Mgasha, Gerald Ndika and Mwanaisha Kwaliko of the Court of Appeal, Principal State Attorney Faraja Nchimbi demanded on Monday, February 18, 2019, that they opposed decisions made by Judge Rumanyika of the High Court in appeal number 344 of 2018 made in November 30, last year.

In his argument, Mr Nchimbi said Judge Rumanyika legally erred by planning to preside the case while he was aware that the appeal was filed contrary to Section 362 (1) of the Criminals Procedures Act cap 20 as revised in 2002.

Also, he demanded that Judge Rumanyika had erred by denying them enough time to be heard.

For his part, advocate Peter Kibatala objected the argument that the appellants were denied enough time to be heard, saying the appeal was yet to be heard by the High Court and that hearing have been done to objections only.

Mr Kibatala said reasons provided for the appeal do not hold water, pledging the court to drop the appeal.

Speaking after the submissions on behalf of the team, Judge Mgasha said arguments from both sides will be considered when the court will make its ruling.

The case has been adjourned, Mr Mbowe and Ms Matiko have returned to Segerea Remand Prison until the ruling date.