71. With regard to the “identity of the applications”, the Court must decide
whether the legal and factual basis of the claims are the same by examining
the alleged violations and the prayers of the Applicants. In this respect, the
Applicant in the Paulo case alleged that he was denied bail in violation of
his right to a fair trial; that he was sentenced based on a crime that did not
exist; that he was not heard on appeal in the national courts; and that he
was denied the right to legal assistance. On the other hand, the Applicants
in the present Application allege that Sub-sections 148(5)(a)-(e) of the CPA
are a violation of the right to non-discrimination, the right to liberty and the
right to a fair trial especially because they curtail the discretion of the judicial
officer and denies accused persons the right to be heard.
72. Consequently, the Court observes that the convergence of the alleged
violations of the Applicants is only on Section 148(5)(a) of the CPA and its
alleged violation of the right to liberty. In other words, Mr. Paulo did not
allege violations related to Sub-sections 148(5)(b)-(e) of the CPA, which
concern accused persons who have served a sentence exceeding three
years; accused persons who have absconded bail; accused persons who
are kept in custody for their own safety and accused persons of offences
involving property valued at more than ten million Tanzanian shillings (Tzs
10,000,000). To this end, the alleged violations are clearly different except
on Section 148(5)(a) of the CPA.
73. With regards to the prayers of the parties, the Court observes that Mr. Paulo
prayed the Court to: declare it has jurisdiction and the case is well founded;
find in his favour regarding the alleged violations; grant him legal aid and
grant him reparations and other reliefs as the Court deems fit.
74. In the instant case, the Applicants pray the Court to: find the violations as
alleged; order the Respondent State to put in place constitutional and
legislative measures to guarantee the rights under the Charter; order that
all suspects and accused persons charged with unbailable offence to be
released on bail within one month, based on circumstances of each case;
and order the Respondent State to report on the implementation of the
18