Consequences of jumping bail

My father stood as a surety for our neighbour who was charged with rape. He signed a bail bond of TZS 5M. Unfortunately my father passed away earlier this year and we are yet even to propose an administrator of estates of the deceased. Immediately after death of my father, my neighbour who was bailed out by my father relocated and we do not know his current address. What adverse order can the Court give against the estates of the deceased or the administrator of the deceased estates?
SS, Dar

In view of section 156 and 160(6) of the Criminal Procedure Act [Cap.20 R.E 2019], where a surety dies before the Court orders forfeiture of bond or cognizance, the estate of the deceased surety is automatically discharged from all liability in respect of the bond or cognizance. However, where a forfeiture order of the bond is given before the surety dies, the execution of forfeiture order may be proceeded against the estate of the deceased surety as provided under section 160(2) of the Criminal Procedure Act [Cap.20 R.E 2019].

Court cannot order forfeiture of the estate of your deceased father because doing so will amount to condemning the deceased unheard since the accused jumped bail before the forfeiture order was given. Even if it is assumed that your deceased father died after the accused had jumped bail, the Court still cannot order forfeiture of your father’s estate because he died before the forfeiture order was given.

Procedurally before ordering a forfeiture of bond or cognizance, the surety must be accorded a chance to locate the accused if he thinks he can find him and if he fails to procure the accused, he will be required to show why his bond or cognizance should not be forfeited. Failure to show cause warrants the Court to issue an order that the bond or cognizance signed by the surety be forfeited. If the surety cannot pay the penalty and has nothing to forfeit, Court may order him to be detained in prison for six months.

Moreover, the Court has power to order only part of the bond to be paid instead of paying the full bond or cognizance.

Based on the above, we do not see any adverse orders being made against the deceased’s estate.