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Harare High Court
Nicholas Makhokha Alusaka and Margaret Waithira Kamande v The State
HH 540-17
Case Details
Court
Harare High Court
Date
23 August 2017
Citation
HH 540-17
Neutral Citation
[2017] ZWHH 540
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Charewa J
Full Bench
Charewa J
Areas of Law
Criminal LawBail Law
Keywords
Bail refusalForeign nationalsAbscondment riskSerious offences
Tags
Bail ApplicationForeign NationalsUnlawful EntryCriminal Possession
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Criminal Law (Codification and Reform) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the magistrate erred in refusing bail to foreign nationals facing serious criminal charges","issue_type":"mixed","dispositive":"yes","related_facts":"Applicants are foreigners with no ties to Zimbabwe; facing serious charges; risk of abscondment"}
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background
Facts of the Case
Background
Two Kenyan nationals applied for bail after being charged with unlawful entry and possession of criminal implements. They allegedly committed two burglaries stealing $44,000, with only $600 recovered. The magistrate refused bail citing flight risk as foreigners facing serious charges.
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