Judge Mtambo refuses to recuse himself, rejects Kasambara ‘bias’ claims

High Court Judge Michael Mtambo has rejected a request by former Malawi Minister of Justice and Constitutional Affairs Ralph Kasambara, one of the suspects in the shooting of former Ministry of Finance budget director Paul Mphwiyo, to recuse himself from the case.

High Court Judge Michael Mtambo

High Court Judge Michael Mtambo

Judge Mtambo said he has no reason to recuse himself placing confidence in his ability to remain impartial.

The judge said he did not find reasonable grounds on which to base the perception by Kasambara that he will be bias.

Kasambara accused Mtambo of “playing the role of prosecution advocate” in the case and wants him to disqualify himself from the case.

He accused Mtambo for introducing “extraneous judicial information” such as Cashgate and predetermining the guilt of the accused persons without evidence during his ruling on whether the accused had a case to answer.

Kasambara also wondered where the judge got evidence that there was ‘Cashgate’ between the two when Mphwiyo, in his testimony, had denied any involvement in Cashgate and that his role as budget director did not put him directly responsible for making payments.

He also faulted the judge for putting in his ruling that his friend and co accused, Pika Manondo ran away from Malawi soon after Mphwiyo was shot while there was no evidence that there was a warrant of arrest for him

But Mtambo said allegations are specious and fallacious.

This is the second case in which Kasambara has asked a judge to recuse himself.  He also asked Justice Chifundo Kachale to recuse himself because his wife is a chief prosecutor.

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42 thoughts on “Judge Mtambo refuses to recuse himself, rejects Kasambara ‘bias’ claims”

  1. Mandionekedwe says:

    there is a point on what Ralph has raised. This was a ruling on case or no to answer on. The Judge derailed himself when he mentioned issues of Cash gate as if it was a point for determination. How could he put it as finding of fact when the prosecution witnesses denied it? The case is not there to substantiate cashgate.

  2. wangawanga says:

    Much as my concious tells me kasambara is not clean, but this judge is not clever enough, he pre-empts the conclusions behind his mind before time and without evidence. Ngati mukane kuusiya mlanduu kasambara mwamutaya apa. He will apply for an appleal to be head by panel of judges…and no any reasonable judge will accept this mistaken done by this old judge…infact the DPP Judge. i therefore recommend judge mtambo to rescue himself if we are to arrest kasambara

  3. Limbika says:

    Nyasatimes reporters and editors, I wonder if you are really reporters because the reporters and editors are supposed to know the people they are daling withand in this case Judges. Just look at the picture you have posted and indicated at Judge Micheal Mtambo, is it not Hon. Grace Obama the minister you have posted there?
    When did Grace Obama became Judge Micheal Mtambo or even the wife or any other relation to Mtambo… Shame.

  4. bob says:

    Congratulations Judge Isaac mtambo for standing your ground. Kasambara is lives in a world of fantasy apparently believing he is the best lawyer in Malawi because of the grades he may have obtained in the University. What he forgets is that it also depends on the generosity and competence of the Examiner who gave him those lavish grades because the same work he produced before another examiner he may not have got those grades. Stop giving the wrong impression Kasambara

  5. Zondiwe says:

    Based on evidence in court, Dr Mtambo will either acquit or convict Hon Ralph Kasambara.
    Let Justice Mtambo do his work without hindrance.
    The cases being handled in court are very difficult as Kasambara is well known in the Malawi legal circles. All the Judges are well known to him. Some were his seniors at College, and he was their Minister of Justice.
    Judges are however trained to base their judgements on evidence and facts presented in Court.

  6. Ethurama says:

    Kasambara is a smart well educated but dirty mafia,a mafia in anything & too clever to beat the Law.Mr Mtambo dont be shaken,you’re a proffessional & pretty know the same Law.Let no single force twist your head for you represent the Nation on a clean linen/plate.Make sure you Pin down this small headed pomposy draculla who wants to make history out of his nasty manouvers & connections in the name of Educationist, Constitution & Law Wizard.Malawi belongs to the majority.

  7. nganga says:

    Judge mtambo do not recuse yourself in this case corner this Ralph to Zomba prison he thinks he is more learned Tonga boy in the land

  8. Jihad John says:

    Pika was retired at Parliament when he was 35 because of crookedness. Ask Matrida Katopola. Where have you heard a person retiring at 35? Was he playing football there? He engaged Ralph Kasambara for compensation and they did it through short cuts. Ralph is well known for judge shopping and this time around he has met a tough judge. Wait and see.

  9. Mphangela says:

    Bravo justice mtambo,paja kasambala amawona ngati odziwa malamulo kwambili alipo yekha ,tiye nazo dzipulumutse nthawi yakwana.


  11. Judge Mphwinye says:

    Delaying tactics…wakumananazo Kashmbala…akupana pasenta,usova bola calculator.

  12. Mr Mtambo why mukukakamilira mulandu what score do you want to settle? Ma judge ndi ambiri if there is a sense or a feeling that the judge is being biased indeed he/she must recuse him/herself that’s why it is called “justice”. Whether we like or we don’t like Kasambara but he must get “Justice ” I know Malawians , a lot of people are jealous of Kasambara cos of his successes in his career as an Attorney & as well as a politician, typical of Malawian style. Having said that Kasambara is innocent until proven guilty buy the court of law so let “Justice ” find him guilty or not guilty. Not settling scores thru the courts not acceptable.

  13. GERARD says:

    Wa wusilu kasambala

  14. I will be happy if this stuped Kasambala is eliminated 4m us soon and join his freinds @ Maula where lice will be feeding on him.And will not condone fake medical reports that will be released in favour of him.Be careful corrupt doctors!

  15. Kasambara from hero in the Machipisa Munthali to zero in the Mphwiyo case. Why did you associate with useless Pika Manondo? You call a crook Pika your friend. You should be ashamed of this.

  16. Manyasa says:

    Kasambara, Judge Chifundo Kachale was bad and now Mtambo is bad again?? Fool! You will rot in Jail.

  17. Chikopa says:

    Nkhani yozuna iyi koma photo yalakwika. Uyu Kasambara aguliretu ma tissue and toothbrush adziyenda nazo ngati mmene anachitira Abusa Dokotola amene chiliza chawo china lero. Its just a matter of time.

  18. Vin mongu says:

    ralph is panicking so he has two judges who are no nonsense. mtambo on his murder case and kachale on his cashgate. ralph is now going to chichiri BOOK YOURSELF A CORNER and a young boy to sleep with since you will not see women in a long time if you will survive that long under isolation. If Mulli can sell assets under pressure so who are you! mukamuike ku mikuyu amaneyu. mafias also die!! Ask Al Capone

  19. wakumudzi kwa Jali says says:

    Zandale basis!!!!!!

  20. kenneth kiyare says:

    A mtambo inuyonso ndiye ndani muoneke abwno lero ???????

  21. Sems says:

    Lusifala Mulungu sanamukhululukire wadya zambiri za anthu ameneyu alangidwe basi

  22. Camptain Romero says:

    This time this idiot who call himself rafaeli kasambara will face the music. No body in this country will dance to your tune, a murderer, a foolish dog. Fokofuu

  23. Tembenu says:

    Ralph,unya uona!! Uyu ndi Judge Mtambo

  24. zoona says:

    I dont understand this kasambara ….Kodi ma judge madolo achilungamo we dont have in this country…? If Mtambo will fail to admnister justice impartially on this case…..ndikhululupirila kuti malawi chilungamo palibe

  25. yyyyyy says:

    Komatu mtambo wake siameneyu. This is also a judge although he has never written a judgement. This one is an expert of commercial law

  26. Luckychisomo says:

    40days ija yayandikira

  27. nyayo says:

    For the first time all the readers have one voice.

  28. rudolf phiri says:

    Ngwazi ya Judge shopping zamuvuta. Surely you cant use this tactic of removing judges in every case?! Put up your defence bro! And let your arguments acquit or convict you. May justice truly rain!! Sadyeka lero wakumana nazo!

  29. CHEKUCHEKU says:

    Kasambara Wakumana Nazo. Mtambo Is Not Corrupt. Well Done Mr Mtambo. My Word To Kasambara: Take Note That This Time You Will Be Given Your Sentence No Matter What. Cash Gate Related Cases Are Very Strait Forward And U Will Not Jump. Just Pray For Maybe Seven Years But The Way I See Mtambo, Will Give You Ten To Forteen Years.Mulungu Si James!

  30. munthu wabwino says:

    Is somebody trying tooth and nail to do “judge shopping”? Just wondering.

  31. lelerned judge says:

    As usual these third class lawyers always rush to the media to seek public sympathy whenever they are cornered with their mediocrity knowledge of the law of the land. Keep it up judge Mtambo and flush out mediocre lawyers from the Malawi Justice system

    1. nyodolan says:

      that z really true… BT it’s miss pasted… besides surpotn e punishment for kasambala, i thnk a rational beings shud not consider kasambala a midiocre lawyer; rather a top lawyer. let’s not let hate corrupt our minds

  32. Kaya says:

    Ma MP a MCP, mukuona zomwe RK akuchitazi? Judge shopping munanena ija ndiyomwe Kasambara akufuna. Wagwanayo.

  33. Sec-specialist says:

    In the end there will be no one fit and qualified to judge bambo Kasambara. He is trying every trick in the book and beyond to get himself off the hook. I just hope the honourable judge has enough and good security round the clock because I see the hand of the mafioso going for the last resort.

  34. Mtavu says:

    Noose tightening on the mafia boss! You reap what you sow and everything has an end! Usova

  35. clement says:

    The case here is that Mtambo is not a corrupt judge. Ralph thinks can win cases by palm oiling prosecutors and judges. In this case he has dismally failed. Just defend yourself properly if you are innocent. No judge shopping this time around

  36. mphini za mutchafu says:

    Wapanika ralph mtambo is very mature and impartial judge and does not tolerate nonsense

  37. VINKA says:


  38. Manyasa says:

    Kasambara you are an IDIOT! umazitenga ngati wanzeru mbuli iwe…… La 40 lakukwanila

  39. GRM says:

    Tell me who has won cashgate or cashgate related case? Kasambara is buying time. Ndikundende basi.

  40. Charley Mdhzukulu says:

    Time shopping, delaying tactics whilst vital evidence is being diluted. trying to play James Bond gold finger.

  41. Peter Muthanyula says:

    Can somebody just incancerate this Kasambala guy at Mikuyu, for life, please! Watikwana. Akufuna yekha akhale accused, yekha defence lawyer, yekha judge… What the fuck is wrong with this gu? Kuchitisa manyazi anthu akumpoto… Mxiii

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