AT LAST, Bongo Movie Actress, Elizabeth Michael Kimemeta, alias Lulu was on Monday granted bail by the High Court in Dar es Salaam. However, the court's authorities failed to verify her bail conditions, as a result she was returned to remand until today when the matter is expected to be settled.
Judge Zainab Mruke granted bail to Lulu on four lenient conditions that were to be verified by the court's District Registrar in Dar es Salaam.
"The applicant (Lulu) is hereby granted bail on condition that she surrenders all her travelling documents to the District Registrar of the High Court, Dar es Salaam Registry," Judge Zainab Mruke declared shortly after hearing the application.
According to the judge, Lulu who is charged with manslaughter, is also required not to leave the City without securing permission from the Registrar and she should report to him (Registrar) on the first day of every month until the final disposal of her case. Judge Mruke also ordered Lulu to secure two sureties who must be government employees, to sign a bond of 20m/- each.
The judge, however ordered the applicant to remain in custody, in case she fails to fulfil the set bail conditions. According to Lulu's lawyer Peter Kibatala, her relatives were ready to meet the conditions, but the verification exercise was not held because the Registrar, Mr Projest Kayozya, was outside his office for other official matters.
"We will be back here tomorrow (today) for verification of bail conditions. Hopefully things will go well," Kibatala said shortly after confirming that the Registrar was out of office. The application for bail was advanced by Mr Kibatala, who had cited Section 148 (1) (2) of the Criminal Procedure Act (CPA), which gives the court jurisdiction to grant bail to a person charged with a bailable offence.
"The applicant is charged with manslaughter. This offence is bailable," he told the judge. Prosecuting Attorney Joseph Maugo did not protest against the request, but reminded the court to take legal consideration on Section 148 (6) (a) and (b) of the CPA, when thinking about conditions to be imposed to the accused seeking bail.
Such provisions, according to the state attorney, required the accused to surrender his or her passport or any other travel documents to the police or court authorities and restrict his or her movements from the area where the crime is alleged to have been committed.
According to court documents, Lulu is charged with murdering without intention a fellow local movie star, Steven Kanumba, on April 7, last year, at Sinza Vatican. Kanumba was said to have been embroiled in a brawl with Lulu who was his girlfriend at his Sinza home in Dar es Salaam.