Zakaria denied bail, high court takes the case
Peter Zakaria
What you need to know:
Musoma. The Resident Magistrate’s Court in Musoma Town says it has no authority to grant bail to a prominent businessman in the Lake Zone, Peter Zakaria, who is facing an economic sabotage case.
The court’s decision is due to a court injunction instituted by the prosecution in the case no. 6/2018 that faces Zakaria, who is accused of being found with a firearm of the type of a shotgun and five ammunitions contrary to the law.
Giving the decision on Thursday, July 12, the court’s Magistrate-In-Charge, Rahimu Mushi, agreed with the prosecution that the Resident Magistrate’s Court in Musoma had no jurisdiction to hear and give a decision on the issue of bail because it is the economic sabotage case and he advised the defence lawyers to present their bail application to the High Court.
“After going through all legal sections and amendments made in 2016, sections (8) and (3) indicate that this court has no authority to grant bail in this case. The High Court is the one that has such authority through its unit that deals with economic sabotage and graft issues,” said Magistrate Mushi.
Due to the decision, Zakaria was remanded again until July 26 when the case will be mentioned again.
Earlier, a state attorney, Samuel Lukelo, asked the court not to grant bail to the accused, alleging that the court had no authority to hear and give a decision on a case of economic sabotage, but the High Court.
The application was rejected by the defence lawyers, Kassim Gila and Onyango Otieno, who claimed that despite having the capability of hearing and giving a decision on the case, granting bail was the right of the accused.
The businessman that owns Zakaria buses plying between Mwanza, Simiyu and Mara regions, was taken to court for the first time on July10, charged with illegal possession of a shot machine gun.
Zakaria has also been charged with the case no. 3/2018 as he is accused of attempting to kill two people, Ahmed Segule and Isaac Bwire in the incident that occurred on June 29 in Tarime Town.
Despite being granted bail in the case that is expected to be mentioned on August 10, Zakaria will remain in remand because of the new charge.
It is alleged that Segule and Bwire, who, Mara Regional Commissioner Adam Malima told reporters on June 30, are intelligence officers, were wounded by gun shots fired by Zakaria when the victims arrived at a fuel filling station he owns. It is claimed that they were there to refill their vehicle.
