THE UNITED REPUBLIC OF TANZANIA

JUDICIARY OF TANZANIA

BAIL GUIDELINES

SEPTEMBER, 2020
1
2
TABLE OF CONTENTS

PREFACE............................................................................. iii
STATUTES............................................................................iv
RULES....................................................................................v
TABLE OF CASES................................................................v
ABBREVIATIONS................................................................vi
DEFINITION OF TERMS...................................................vii
CHAPTER ONE...................................................................1
1. INTRODUCTION, OBJECTIVES AND RATIONALE
FOR DEVELOPING BAIL GUIDELINES..................1
1.1. Introduction..............................................................1
1.2. Objectives and Rationale for Developing
Bail Guidelines........................................................2
CHAPTER TWO..................................................................3
2. THE CONCEPT OF BAIL..............................................3
2.1. Types of Bail............................................................4
2.1.1. Police Bail................................................................4
2.1.2. Court Bail.................................................................5
2.2. Principles of Bail.....................................................5
2.3. Stages of Granting Bail............................................5
2.3.1. During Holding Charge...........................................5
2.3.2. Pending Committal Proceedings..............................5
2.3.3. Pending Trial............................................................3
2.3.4. Pending Appeal........................................................3

i
CHAPTER THREE..............................................................7
3. BAIL CONSIDERATION AND DETERMINATION.. 7
3.1. Bail Procedures.....................................................7
3.2. Factors to Consider Before Granting Bail.............8
3.3. Conditions for Granting Bail.................................9
3.3.1. Mandatory Conditions...........................................9
3.3.2. Additional Conditions.........................................10
3.4. Satisfying Conditions for Bail.............................11
3.5. Conditions and Factors for the Grant of Bail
Pending Appeal...................................................12
3.6. Modes of Granting Bail.......................................13
3.6.1. Bail Without Sureties (Recognizance)................13
3.6.2. Bail with Sureties................................................13
3.6.3. Cash Bail.............................................................13
3.6.4. Bail Bond.............................................................13
3.6.5. Deposit of Property.............................................14
CHAPTER FOUR...............................................................17
4. VARIATION, CANCELLATION AND
APPEAL..........................................................................17
4.1. Variation of Bail Conditions.........................................17
4.2. Variation of Bail Conditions by the Higher Court......17
4.3. Cancellation of Bail......................................................18
4.4. Appeals and Revision from Orders Relating to Bail..19
CHAPTER FIVE................................................................12
5. DISCHARGE OF SURETIES AND DISPOSAL OF
SECURITIES.................................................................21
5.1. Discharge of Sureties...........................................21
5.2. Forfeiture.............................................................21

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 PREFACE

The core function of the Judiciary of Tanzania is to

administer justice in both criminal and civil cases.
Adjudication of criminal cases involves various
procedural aspects, one of which being determination
of bail pending trial or appeal. This procedure takes
into account the accused’s right to presumption of
innocence and right to personal freedom enshrined in
the Constitution of the United Republic of Tanzania,
1977. These constitutional guarantees must be realized
in a manner that ensures certainty, predictability and
uniformity. These Guidelines have been developed to
address practical challenges experienced by the courts in
handling bail matters.

It is expected that these Guidelines will be of assistance

to the courts and facilitate their work in achieving the
above objectives. For reference purposes, a few cases
have been cited in these Guidelines. In that regard,
all judicial officers are urged to make use of this user-
friendly tool in handling bail matters.

Dar es Salaam …………………………………….

PROF. IBRAHIM HAMIS JUMA
Date: 10 September, 2020
th
Chief Justice

iii
STATUTES

1. The Appellate Jurisdiction Act [Cap. 141 R.E.

2019]
2. The Constitution of the United Republic of Tanzania
1977 [Cap. 2 R.E. 2002]
3. The Criminal Procedure Act [Cap. 20 R.E. 2019].
4. The Drugs Control and Enforcement Act [Cap. 95
R.E. 2019].
5. The Economic and Organized Crime Control Act
[Cap. 200 R.E. 2019].
6. The Magistrate Courts Act [Cap. 11 R.E. 2019].
7. The National Security Act [Cap. 47 R.E. 2002].
8. The Wildlife Conservation Act [Cap. 283 of 2010].

iv
RULES
1. The Criminal Procedure (Approved Forms) Notice,
2017 [GN. No. 429/2017]
2. The Primary Court Criminal Procedure Code, Third
Schedule to the MCA

v
TABLE OF CASES
1. Amiri Mohamed v. Republic, Criminal Appeal No.
170 of 2004, HC- Dar es Salaam District Registry
(unreported).
2. Attilio s/o Mosca v. Republic [1968] H.C.D n. 295.
3. Attorney General v. Jeremia Mtobesya, Civil appeal
No 65 of 2016, CAT (unreported).
4. Director of Public Prosecutions v. Ally Nur-Dirib &
Another [1988] T.L.R 252.
5. Hamisi Masisi & 6 Others v. Republic [1985] T.L.R
29.
6. Hassanali Walji v. Republic [1968] H.C.D n. 174.
7. In Re-Republic v. Georges Tumpes [1968] H.C.D n.
416.
8. Michael v. Republic [1972] H.C.D n. 56.
9. Mipawa v. Republic [1971] H.C.D n. 62.
10. Raghbir Singh Lamba v. Republic [1958] EA 337.
11. Republic v. Nicholas Alfred Kiyabo [1987] T.L.R 39.
12. Republic v. Omary Kibwana [1986] T.L.R 16.
13. Singh v. Republic [1971] H.C.D n.149.
14. Sylivester Hillu Dawi & Another v. Director Public
Prosecutions, Criminal Appeal No. 250 of 2006, CAT
(unreported); and
15. The Director of Public Prosecutions v. Li Ling Ling,
Criminal Appeal No. 508 of 2015, CAT (unreported).
vi
ABBREVIATIONS
AJA The Appellate Jurisdiction Act.
AMLA The Anti-Money Laundering Act.
CPA The Criminal Procedure Act.
DCEA The Drugs Control and Enforcement Act.
E.A. East African Law Reports.
EOCCA The Economic and Organized Crimes Control Act.
HC The High Court of Tanzania.
HCD High Court Digest.
LCA The Law of the Child Act.
MCA The Magistrates’ Courts Act.
NSA The National Security Act.
PCCPC The Primary Court Criminal Procedure Code.
T.L.R. Tanzania Law Reports.
WCA The Wildlife Conservation Act.

vii
DEFINITION OF TERMS
means a temporary release of an accused
person awaiting trial or appeal on conditions
“bail”
stipulated by the court to guarantee his
appearance in court.
a proceeding in which the court determines
whether an accused
“bail hearing”
person should be released on bail or held in
custody pending trial or appeal.
an undertaking by an accused person or his
“bond” surety which binds him to comply with bail
conditions.
the Constitution of the United Republic of
“constitution” Tanzania, 1977 as amended from time to
time.
means the High Court and subordinate courts
“court”
thereto and includes the Juvenile Court.
a bond by which an accused person
“personal”
undertakes before the court to observe
“recognizance”
conditions to appear in court when required.
temporary release of a suspect of a crime
pending investigation or arraignment by the
“police bail”
police or any other investigative agency to
guarantee his appearance when needed.
means properties deposited or pledged to
guarantee appearance of an accused person
“security”
in court and includes money and certificate
of title.
a person who undertakes to ensure that an
“surety” accused person will appear in court and
abide by bail conditions.

viii
 CHAPTER

ONE
1. INTRODUCTION, OBJECTIVES AND
RATIONALE FOR DEVELOPING BAIL
GUIDELINES

1.1. Introduction
These Guidelines have been developed for use by
judges and magistrates in criminal proceedings
in handling bail matters with a view to realizing
the accused person’s right and freedom of liberty
guaranteed under the Constitution. The need for
developing the Guidelines has been a result of
many practical challenges experienced by courts
in handling of bail matters. The Guidelines are not
intended to be a substitute for the relevant statutory
provisions regulating the grant of bail. They are
only meant to guide the courts in the course of
handling bail matters in order to achieve certainty
and uniformity.

1
 This document is divided into five chapters. Each of
the chapters deals with a specific topic. Chapter one
provides an introduction. Chapter two deals with
the concept of bail. Factors to be considered in bail
applications are covered in chapter three. Chapter
four is dedicated to variation of bail conditions,
cancellation of bail and issues pertaining to appeals
from denial of bail. Finally, chapter five covers the
discharge of sureties and disposal of securities.
1.2. Objectives and Rationale for Developing
Bail Guidelines
The main objective of these Guidelines is to provide
a quick reference to the law and practice governing
the process of bail determination before and
during trial and pending determination of appeals.
Specifically, they aim to:

(a) ensure that determination of bail strikes a

balance between the rights of the accused, the
victim and the public interest.
(b) promote transparency, uniformity and
predictability in determining bail applications
and thereby enhancing public confidence in the
administration of criminal justice.
(c) address and reduce congestions in remand
prisons.
2
 CHAPTER

TWO
2. THE CONCEPT OF BAIL
Article 13(6)(b) of the Constitution provides that
no person charged with a criminal offence shall
be treated as guilty of the offence until proven
otherwise by a court of competent jurisdiction.
In giving effect to this constitutional principle,
Parliament has enacted various pieces of legislation
to address the issue. These pieces of legislation
include the Criminal Procedure Act [Cap. 20 R.E.
2019] (the CPA), the Economic and Organised
Crimes Control Act [Cap. 200 R.E. 2019] (the
EOCCA), the Appellate Jurisdiction Act [Cap. 141
R.E. 2019] (the AJA), the Magistrates’ Courts Act
[Cap. 11 R.E. 2019] (the MCA) and the Primary
Court Criminal Procedure Code, Third Schedule
to the MCA. In particular, section 148 of the CPA
and section 36 of the EOCCA regulate the grant of
bail to an accused person in criminal proceedings
conducted in the District Courts, the Court of

3
 Resident Magistrate and the High Court. On the
other hand, sections 24(a) (i) of the MCA, section
368 of the CPA and section 10 of the AJA regulate
the grant of bail pending appeal. In addition, the
Chief Justice promulgated rule 11(2) (b) of the
Tanzania Court of Appeal Rules,1 empowering the
Court of Appeal to grant bail to appellants pending
determination of their appeals. In primary courts,
section 16 of the PCCPC lays down the procedure
for bail at that level. The above cited legal provisions
are supplemented by case law.

2.1. Types of Bail

There are two types of bail; police bail and court
bail.

2.1.1. Police Bail.

When a suspect is arrested or held under restraint by
the police or any other investigative agency, he may
be granted bail pending investigation and institution
of a charge before a court of law in accordance with
section 64 of the CPA or section 16 of the PCCPC.

1 GN. No. 368 of 2009. The 2019 version of the Tanzania Court of Appeal Rules has
incorporated amendments effected through GN. No. 362 of 2017 and GN. No. 344 of
2019.

4
2.1.2. Court Bail.
Court bail may be granted during trial or pending appeal.
Once a charge has been instituted, the court has powers
to grant bail- except where the law provides otherwise.
The court has a duty to inform an accused person of his
right to bail immediately after his plea has been taken.
These Guidelines are specifically intended to address
court bail.

2.2. Principles of Bail

Bail consideration is guided by two main principles;
namely, presumption of innocence and right to liberty as
guaranteed by the Constitution, statutes and case law.

2.3. Stages of Granting Bail

Courts may consider and grant bail at any of the following
stages of the case:

2.3.1. During Holding Charge.

Upon the accused person being brought to court on a
holding charge, he may be granted bail.2

2.3.2. Pending Committal Proceedings

When a person is charged of a bailable offence triable
by the High Court only he may be admitted to bail by

2 Section 122 of the Criminal Procedure Act [Cap. 20 R.E. 2019].

5
the committing court.3 In cases under the EOCCA grant
of bail at this stage is subject to the monetary value
involved in the charge. 4

2.5.3. Pending Trial

A person charged with a bailable offence may be granted
bail at any stage of the trial upon fulfilment of conditions
set by the court. However, it is imperative that an accused
person be considered for bail on the first day the charge
is read over to him.
2.5.4. Pending Appeal
Bail can be granted pending determination of an appeal.
For appeals originating from subordinate courts, the
appellant may be admitted to bail by the High Court or a
subordinate court which convicted him.5
In appeals from the High Court to the Court of Appeal,
the appellant may be admitted to bail by the High Court
or Court of Appeal.6

3 Republic. v. Dodoli Kapufi & Patson Tusalile, Criminal Revision No. 1 of 2008, CAT
(unreported) and Director of Public Prosecutions v. Bashiri Waziri & Mugesi Antony,
Criminal Appeal No. 148 of 2012 CAT (unreported).
4 Director of Public Prosecutions v. Aneth John Makame, Criminal Appeal No. 127 of
2018, CAT (unreported).
5 Section 24(1) (a) (i) of the MCA and section 368(1) (a) (i) of the Criminal Procedure
Act [Cap. 20 R.E. 2019].
6 Section 10 of the AJA and Rule 11(2) the Tanzania Court of Appeal Rules.

6
 CHAPTER

THREE
3. BAIL CONSIDERATION AND
DETERMINATION

3.1. Bail Procedures

Once a charge has been instituted and the accused
person is arraigned before the court for the first
time, the court shall:
(a) if the offence is bailable, inform the accused
person his right to bail, set conditions and
consider admitting him to bail.
(b) (i) if the prosecution raises any objection
on a point of law, allow the parties to make
submissions; or
(ii) if the objection is on both facts and point
of law, allow the parties to file affidavit and
counter affidavit stating facts supporting and
opposing the objection and thereafter hear
the parties for and against the objection, and
immediately make a ruling on the objection.
In case the objection is overruled, grant bail
7
 and set down conditions thereof immediately.
(c) where the court is satisfied that the accused
person cannot be admitted to bail either
according to law or other sufficient reasons,
it shall record such reasons and inform him
his right to appeal. The court shall proceed to
remand the accused person in custody.

3.2. Factors to Consider Before Granting Bail

In determining bail applications, the court shall
observe the provisions of section 148 (5) (a) to (e)
of the CPA, section 36(4) of the EOCCA or section
16 of the PCCPC, as the case may be.
In addition to the conditions prescribed under the
provisions above named, the court shall take into
account the following factors:

(a) gravity of the offence and severity of the

sentence;
(b) security of the accused person;
(c) protection of the victim;
(d) possibility that the accused might abscond;
(e) prevention of furtherance of crime;
(f) preservation of public order;

8
 (g) nationality of the accused;7
(h) the nature of the accused person in terms of his
social standing, ties with the community, etc.;
(i) special circumstances of the accused e.g.
illness or vulnerability;
(j) period during which the accused may be in
remand;
(k) possibility of the accused interfering with the
investigation process; and
(l) age of the accused (minor or old age).
Provided that where the accused person is a child,
the court shall admit him to bail and release him
into the care of his parent, guardian, a fit person,
approved institution or the Commissioner for
Social Welfare or his representative, with condition
to make him available to the court on a date to be
specified. 8

3.3. Conditions for Granting Bail

3.3.1. Mandatory Conditions
The court shall impose the following mandatory
conditions as prescribed under section 148(6) (a) &
(b) of the CPA, section 36 (5) of the EOCCA and
section 16(3) of the PCCPC:
7 Edward D. Kambuga & Another v. Republic [1990] T.L.R. 84.
8 Rule 28 of the Law of the Child ( Juvenile Court Procedure) Rules, 2016

9
 (a) surrender by the accused person to the police of
his passport or any other travel document; or
(b) restriction of the movement of the accused to
the area of the town, village or other area of his
residence.
In imposing conditions specified under paragraph
(b), the court may restrict the movement of the
accused person to the locality within the jurisdiction
of the court.

3.3.2. Additional Conditions

In addition to the mandatory conditions, the court
may, in some circumstances, impose additional
conditions as prescribed under the provisions of
section 148(7) of the CPA and section 36 (6) of the
EOCCA as follows:

(a) Requiring the accused to report at specified

intervals to a police station or other authority
within the area of his residence;
(b) requiring the accused to abstain from visiting
a particular locality or premises, or associating
with specified persons; and
(c) any other condition which the court may deem
proper and just to impose in addition to the
conditions in paragraphs (a) and (b).

10
 In addition to the above statutory conditions, the
court may take into account any of the following
factors:
i. setting reasonable amount for bail in accordance
with the circumstances of the case;
ii. need to have sureties;
iii. gravity of the offence; and
iv. public interest.
The court shall refrain from giving orders which
may appear unreasonable and impracticable.9
3.4. Satisfying Conditions for Bail
Where the court grants bail, it shall proceed to-
(a) scrutinize sureties, documents or securities
presented to the court;
(b) satisfy itself that the accused and sureties
understand the conditions of bail;
(c) serve the accused with a release order setting
out the conditions of bail imposed10; and
(d) make an order for releasing the accused person
from custody after taking into account that
all conditions stated in paragraph 3.3 of these
Guidelines are met.

9 Hamisi Masisi & 6 Others v. Republic [1985] T.L.R. 24 and Republic v. Georges
Tumpes [1968] H.C.D n. 416.
10 Criminal Form No. 10 [GN. No. 429/2017].

11
 Where the accused person fails to satisfy the bail
conditions, the court shall adjourn the case pending
the accused meeting the conditions and shall inform
the accused that upon meeting conditions, he shall
be brought to court and be released on bail before
or on the next date fixed by the court. All matters
relating to bail must be recorded.
3.5. Conditions and Factors for the Grant of
Bail Pending Appeal
The provisions of sections 368 of the CPA, 10 of
the AJA and 24(1)(a)(i) of the MCA vest in courts
powers to grant bail pending appeal if there is
reasonable cause and on the tests set by case law,
that is to say:
(a) where there is an arguable point of law; or
(b) existence of exceptional and unusual
circumstances; and 11
(c) where there is evidence of contagious disease
resulting to immediate death.
Other cases dealing with grant of bail pending
appeal.12
11 Ibid. See also Attilio s/o Mosca (1968) H.C.D n. 295 and Re-Republic v. Sakerbai M. A.
Ganji [1967] H.C.D n. 243.
12 Republic. v. Nicholas Alfred Kiyabo [1987] T.L.R. 39, Amiri Mohamed v. Republic
Criminal Appeal No. 170 of 2004 HC (unreported), Hassanali Walji v. Republic [1968]
H.C.D n. 174, Raghbir Singh Lamba v. Republic [1958] E.A. 337, Attilio s/o Mosca v.
Republic [1968] H.C.D n. 295, Mipawa v. Republic [1971] H.C.D. n. 62, Singh v. Republic
[1971] H.C.D. n. 149 and Michael v. Republic [1972] H.C.D. n. 56.

12
 3.6. Modes of Granting Bail
3.6.1. Bail Without Sureties (Recognizance)
The accused person may be released on bail
upon execution of a bond without sureties for his
appearance in court. The amount of bond shall have
regard to the gravity and other circumstances of the
case, but shall not be excessive.13 In addition to the
bond, the court shall require an introduction letter
from a local authority or employer and any of the
following documents:
(a) National Identity Card;
(b) Voter’s Registration Card;
(c) Driving Licence; or
(d) Passport.

3.6.2. Bail with Sureties

Where the accused person is released on bail with
sureties, he and the sureties shall sign a bond. The
amount of bond shall not be excessive. The court
shall have regard to the gravity of the offence and
severity of the sentence in the event the accused
would be convicted and other circumstances of
the case. In addition, the court shall observe the
following:

13 Section 148(1) and (2) of T

h e Criminal Procedure Act [Cap. 20 R.E. 2019] and section 16
of Th e Primary Court Criminal Procedure Code.

13
 (a) unless there are compelling circumstances, the
number of sureties shall not be more than two;
and
(b) it shall not be necessary for a surety to be a
public servant.
The court shall require the surety to present
an introduction letter from a local authority or
employer and any of the following documents:
(a) National Identity Card;
(b) Voter’s Registration Card;
(c) Driving Licence; or
(d) Passport.
If an objection on reliability of proposed surety is
raised the same shall be promptly determined by the
court.
3.6.3. Cash Bail
(a) the court may order the accused person or his
sureties to deposit cash as bail where the law
requires doing so. 14
(b) where the law requires the accused to deposit
half of the value or amount involved in the
charge and there are more than one accused
persons, that amount will be shared among
them. 15
14 Section 148(5) (e) of the Criminal Procedure Act [Cap. 20 R.E. 2019] and section 36(4)
(e) of the Economic and Organized Crime Control Act [Cap. 200 R.E. 2019].
15 Section 148(5) (e) of The Criminal Procedure Act [Cap. 20 R.E.2019] and Sylivester Hillu
Dawi & Another v. Director of Public Prosecutions, Criminal Appeal No. 250 of 2006
(unreported).

14
(c) the bond amount shall be deposited in the
deposit account of the judiciary and shall be
returned to the sureties immediately after the
case has been determined or upon discharge of
sureties.
(d) the court shall refrain from making an order for
cash bail unless the law demands so.

3.6.4. Bail Bond

The Court may in certain circumstances order the
accused or sureties to execute a bond to guarantee
the accused’s appearance in court. The amount
of bond should be reasonable by considering the
gravity of the offence and severity of the sentence.

3.6.5. Deposit of Property

(a) the court may order the accused or any person
on his behalf to deposit movable property or a
document evidencing ownership of immovable
property whose value corresponds to the
amount of the bail.
(b) if the deposit involves a matrimonial landed
property, the document evidencing ownership
shall be accompanied by spousal consent.

15
 (c) where there is any doubt as to the validity of
the deposited property, the court may order
verification of such document by any relevant
authority.
(d) the court shall record in a special register all
properties deposited as security for bail. The
register shall contain the following particulars:
i. case number;
ii. name of accused;
iii. date of release;
iv. name of the trial magistrate;
v. name of the depositor;
vi. name of receiving officer/ court clerk;
vii. type and description of deposited property;
viii. date the property was deposited;
ix. name of officer returning the security; and
x. name, signature and ID card of the person or
depositor to whom the property is returned.

16
 CHAPTER

FOUR
4. VARIATION, CANCELLATION AND APPEAL
4.1. Variation of Bail Conditions
(a) the court may, upon application by the
prosecutor or police officer, cancel bail or
vary the conditions where there is evidence of
change of circumstances.16
(b) before cancelling bail or varying bail conditions,
the court shall accord the parties an opportunity
to be heard.
4.2. Variation of Bail Conditions by the Higher
Court
The High Court on its own motion or by application
by either party or the district court in exercise of its
revisional or appellate jurisdiction may reduce the
amount of bail or vary any conditions set by the
lower court.17 In the exercise of these powers, the
court shall have regard to, among other things: -

16 Section 150 of the Criminal Procedure Act and the case of Sylivester Hillu Dawi
& Another v. Director of Public Prosecutions, Criminal Appeal No. 250 of 2006
(unreported).
17 Section 149 of the CPA and the case of Sylivester Hillu Dawi & Another v. Director of
Public Prosecutions, Criminal Appeal No. 250 of 2006 (unreported).

17
 (a) the nature and seriousness of the offence;
(b) the character, antecedents, associations,
home environment and the background of the
accused;
(c) the history of any previous grants of bail to the
accused;
(d) the strength of the evidence against the
accused, if any; and
(e) the attitude, if known, of the alleged victim
of the offence to the proposed variation of the
amount of bail or the conditions of bail.

4.3. Cancellation of Bail

The court may, on its own motion or upon being
moved by a prosecutor or surety, cancel bail, where:-

(a) there is a likelihood of breaching bail conditions

(b) the accused employs delaying tactics;
(c) there is failure to comply with bail conditions;
and
(d) an accused absconds.
Cancellation of bail under paragraph (a) to (c) shall
not be effected unless the accused person has been
accorded an opportunity to show cause why his bail
should not be cancelled.
18
 Where the accused absconds, the court shall issue
a warrant for his arrest. Upon his arrest and being
brought before the court, he will be required to
show cause why his bail should not be cancelled
for reason of non - appearance. If sufficient cause
is not shown the bail shall be cancelled. In case the
accused is not found after issuance of the warrant
of arrest and the court is satisfied that he cannot be
found, the case can proceed in his absence.18

4.4. Appeals and Revision from Orders

Relating to Bail
(a) a party who is aggrieved by any order issued
by the court in bail proceedings, has a right to
appeal to a higher court.
(b) the higher court may on its own motion or
upon an application by either party revise
any order issued by the lower court in bail
proceedings.
(c) upon notification by an aggrieved party on
his intention to appeal against the decision of
the court on bail, the court shall immediately
supply the parties with certified copies of
decision and proceedings.
18 The court will then proceed to forfeit bail according to the procedure prescribed to under
part 5.2.

19
 CHAPTER

FIVE
5. DISCHARGE OF SURETIES AND DISPOSAL
OF SECURITIES

5.1. Discharge of Sureties

The court may discharge sureties under the
following circumstances:

(a) upon conclusion of the case or any order

terminating the proceedings by withdrawal or
dismissal of the case;
(b) upon discharge of a surety following his
application to that effect; 19
(c) upon abatement of the case; or
(d) upon cancellation of bail.

5.2. Forfeiture
Section 160 of the CPA sets out procedures for
forfeiture where an accused jumps bail as follows:

19 Section 155(1) of the Criminal Procedure Act [Cap. 20 R.E. 2019].

20
 (a) where the accused jumps bail, and the surety
fails to procure him, the court shall summon
the surety to appear before it within reasonable
time, to show cause why his bond should not be
forfeited and if he fails to show cause, the court
shall determine the amount to be forfeited; 20
(b) where the court orders forfeiture, it shall give
the surety reasonable time to pay the amount
determined and in case of default, the court
shall issue warrant of attachment and sale of
surety’s movable property or his estate if he is
dead; 21
(c) where a surety to a recognisance dies before
the recognisance is forfeited, his estate shall be
discharged from all liability in respect of the
recognizance;22 and
(d) if the penalty amount is not paid and cannot
be recovered by attachment the surety shall be
liable to six months imprisonment.23

20 Section 160(1) of the Criminal Procedure Act [Cap. 20 R.E. 2019] and Republic v. Omary
Kibwana [1986] T.L.R 16.
21 Section 160(2) of the Criminal Procedure Act [Cap. 20 R.E. 2019] and section 17 of the
Primary Court Criminal Procedure Code, Third Schedule to the MCA.
22 Section 160(6) of the Criminal Procedure Act [Cap. 20 R.E. 2019] and Section 17(6) of the
Primary Court Criminal Procedure Code, Third Schedule to the MCA.
23 Section 160 (4) & Section 17 (4) of the Primary Court Criminal Procedure Code, Third
Schedule to the MCA.

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 IN THE ………………………………… COURT OF

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AT …………………………………

BAIL REGISTER FORM

TITLE/ NAME & SIGNATURE
AMOUNT
IDENTIFICATION CERTIFICATE DATE OF OF RMA (COURT
NAMES DEPOSITED DATE OF NAME OF
CASE NAMES OF CARD No./ No…./ REFUND/ CLERK)
S/N. OF (if cash bail) DISCHARGE OF JUDGE/
NO. PARTIES INTRODUCTION LICENCE/ RETURN OF
SURETIES ERV No. (if SURETIES MAGISTRATE
LETTER MOTOR V/C SECURITIES
cash bail)
Reg. CARD.

COMMENTS

………………………………………………………………………………………………………………………………………………

Date ………………………………………………………

DEPUTY REGISTRAR/MAGISTRATE IN-CHARGE

Date ………………………………………………………
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 OFFICE OF THE CHIEF COURT ADMINISTRATOR
THE JUDICIARY OF TANZANIA, 26 KIVUKONI ROAD,
P.O. BOX 9004,11409 DAR ES SALAAM
TEL: +255 22 212 3897 | 211 1586,
FAX: +255 22 211 6654,
EMAIL: info@judiciary.go.tz,
WEBSITE: www. judiciary.go.tz,

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