FORMER Mayor of Ubungo Municipality in Dar es Salaam, Boniface Jacob, popularly known as 'Boni Yai,' has been granted bail after the Kisutu Resident Magistrate dismissed an objection filed by the Republic opposing his bail.
Jacob secured his bail after fulfilling the set conditions, including having two sureties with local government letters and a 7m/-signed bond. He was also ordered not to leave the country without the court's permission.
The ruling was made today, October 7, 2024, by the Resident Magistrate in Charge, Franco Kiswaga who stated that the affidavit submitted by the KinondoniRegional Police Commander (RCO) Davis Msangi, did not provide sufficient additional explanations to deny Jacob’s bail.
The magistrate added that the reasons provided lacked detailed explanations as to why the court should not grant bail. If the respondent (Jacob) explained his safety, the applicant (the Republic) was expected to present evidence supporting their claims against the respondent’s (Jacob's) statement.
"The side of the respondent has not provided a counter-affidavit, and the applicant's affidavit alone is insufficient for the court to deny the accused bail, considering that it is his constitutional right," said Magistrate Kiswaga.
As a result, the court agreed with the Republic’s request, thus the respondent would be granted bail under the conditions set by the court, which the accused has already met.
Jacob, a member of the opposition Chama cha Demokrasia na Maendeleo (Chadema) party, is facing two charges, including publishing false information on his social media account.
According to the charge sheet, it is alleged that on September 12, 2024, within the Dar es Salaam region, he published information on his social media platform X (formerly Twitter) under the account name "Jacob ex Meya Ubungo," stating that "Many families accuse Mafwele of being directly involved in murders leading to the disappearance of their family members, including the disappearance of businessman Mussa Mziba, Deo Mugasa, Adnandi Hussein of Mbezi, and five youths from Aggrey." This was allegedly posted to cause public unrest.
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