Why Magufuli administration misses the point on Government splurge

[Rutashubanyuma]

the decision of the resident magistrate to grant bail though laudable was hijacked by the prosecutors who brandished a notice of appeal

 

[Rutashubanyuma]

a notice of appeal is an intention to appeal but cannot torpedo a court order to grant the bail

 

[Rutashubanyuma]

so it was a gross misconduct on part of the magistrate to cave in on a mere threat to file a notice of appeal not supporting an application to stay the execution

 

[Rutashubanyuma]

it was also a travesty of justice on part of the magistrate to invoke a stay of execution of the bail without the dpp lodging an application to that effect

 

[Rutashubanyuma]

while section 161 of the criminal procedure act permits decision on bail established under sections 148-160 to be appealed the accused could not appeal against gross misconduct of the magistrate under the same act

 

[Rutashubanyuma]

the only leeway was to file a reference or a letter invoking high court supervisory powers against the court of resident magistrate of which they did

 

[Rutashubanyuma]

perplexing,the high court refused to exercise its supervisory powers and set aside the stay of execution of bail

 

[Rutashubanyuma]

the high court claimed issues of bail were appellable without stating which section of the act permits an appeal against gross misconduct of the magistrate who stayed bail on frivolous and vexatious scapegoats found on intent to appeal against the bail order

 

[Rutashubanyuma]

i would like to place myself on record under sections 148-160 which are appellable under section 161 of the criminal procedure act the complaints of gross misconduct not covered

 

[Rutashubanyuma]

so the high court cowardly surrendered her supervisory powers over the resident magistrate courts largely because the courts are not entirely independent from the executive ironclads

 

[Rutashubanyuma]

the executive always deploys carrots and a club to hem in erratic and sycophantic conduct of members of the Bench rewarding the latter while punishing the former in equal measure.

 

[Rutashubanyuma]

the legal brain power aiding the accused entitled for bail is by no means blameless

 

[Rutashubanyuma]

they equally succumbed unto abeting judicial inordinate indolence when they appealed as the high court had urged them

 

[Rutashubanyuma]

the right approach was to file a certificate of urgency at the court of appeal citing gross misconduct of the resident magistrate was not appellable but falls under the ambit of high court supervision onus

 

[Rutashubanyuma]

with mandatory ten days to file a notice of appeal having expired after the order granting the bail, the high court had the easiest task of disposing the matter without dealing and considering the appeal unfounded on law

 

[Rutashubanyuma]

the accused too is not without blame

 

[Rutashubanyuma]

his overdependent on pettifoggery is inexcusable

 

[Rutashubanyuma]

his refusal to pursue the matter in court of appeal was self-serving

 

[Rutashubanyuma]

after coming to terms that his Xmas will be celebrated not in ritualistic place of abode somewhere in Moshi but in deplorable remand his dander capsized miserably!

 

[Rutashubanyuma]

he is oblivious of the fact that his remarkable collapse at the unsteady hands of his tormentors has emboldened them sending a wrongful message standing against regime does not pay