iv.
That all aspects of the prosecution of Criminal Case No. 321 of 1996
were conducted lawfully and the prosecution proved its case against
the Applicant beyond reasonable doubt.
v.
22.
That there has been no delay of justice for the Applicant."
During the public hearing the Respondent reiterated its prayers
as stated in its Response to the Application.
Historical and factual background to the Application
23.
On 31 December 1996, the Applicant was charged with the
offence
of
armed
robbery,
allegedly
committed
along
the
Kenya/Tanzania border in Rambo District. It was alleged that he
stole one hundred (1 00) sets of clutch covers valued at Tanzania
Shillings Eight Hundred Thousand (Tshs. 800,000/=), the property of
Mr. Elimani Maleko. He was charged with four other persons before
the District Court of Rambo at Mkuu in Criminal Case Number 321
of 1996. The Applicant pleaded not guilty.
24.
On 30 January 1997, the Applicant applied for bail on the
grounds of ill health and this application was heard on 31 January
1997 and granted on 5 February 1997. On 20 March 1997 when the
matter was mentioned, the Applicant was absent and the Magistrate
ordered the arrest of the Applicant and his sureties. On 26 Marcil
1997, when the matter came up for mention and the Court directed
the Applicant to show cause why his bail should not be forfeited, he
explained that he had been sick. The Court was satisfied with this
explanation and, by an order of the same date, extended his bail.
The prosecution opened its case on 26 March 1997 and closed its
11