Kasambara appeal bid to delay, Supreme Court of Malawi yet to get notice: Sentencing to proceed

Former justice minister Ralph Kasambara (Senior Counsel), convicted last month  alongside Pika Manondo and Macdonald Kumwembe on the charge of conspiracy to murder former Ministry of Finance budget director Paul Mphwiyo  will have to wait longer for  an appeal bid as his matter has not yet reached the Supreme Court of Malawi over two weeks since he filed  notice.

Kasambara: Waiting sentence

Kasambara: Waiting sentence

High Court Judge Micheal Mtambo also found Manondo, a businessperson and Kumwembe, a former Malawi Defence Force (MDF) soldier, guilty of attempted murder in relation to Mphwiyo’s shooting on September 13 2013 outside the gate of his Area 43 residence in Lilongwe.

The convicts filed  a notice of appeal  a day after their conviction through High Court registry in the capital Lilongwe.

Judiciasry spokesman Mlenga Mvula said the appeal case would delay because of some court procedures currently being finalised.

He said during the court trial the judges and court reports  were taking notes  in long hand and that there were also recordings “and all these need to be propely typed.”

Mvula, however, said Judge Mtambo would proceed with hearing of submissions of mitigations on August 22 before passing his sentence.

Judiciary Spokesperson Mlenga Mvula stressed that the appeals have nothing to do with the sentencing as they are targeted at the conviction. “They appealed against conviction not necessarily against the sentence so the hearing of the sentence will still continue from the 22 August” Said Mvula.

In their notice of appeal, Kasambara and the two argue that  Mtambo  made an error in law one too many for reaching a guilty verdict.

Mtambo has also been fingured to have made an error in law for refusing to recuse himself “when there was ample evidence of him being apparently biased”.

The appeal said Mtambo’s bias was “right from the start of the case all the way up to the time when he capriciously revoked the bail” for  Kumwembe and Kasambara.

Under the Penal Code, the offence of attempted murder carries a maximum sentence of life imprisonment whereas conspiracy to commit murder attracts a maximum jail term of 14 years.

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13 thoughts on “Kasambara appeal bid to delay, Supreme Court of Malawi yet to get notice: Sentencing to proceed”

  1. Zowazowa says:

    No one is above the law – hear that JB!! You got my money too and you will hear from US when you return. Keep fooling those international organizations that you are a fighter for women’s rights – oh god oooooooo!! Thiefess, you will join the lying ‘Mbara in jail. You rotten maggots, selfish bambinos, charlatans of the north.

    No tears for the wicked – check social media – people have moved on and just like all other lying thugs – the long arm of the law has caught up with ‘Mbara

  2. Comments First Story Later says:

    Noted. Now following.

  3. Mapwevupwevu says:

    Senior Counsel? Mwina mudziti Senior Thug! This Rough Kasambara had 2 judges recuse themselves, Mtambo akanangowopa basi bwenzi pano mulandu utanda.

    Rot in jail Raphael Kasambara, Senior Thug!

  4. Uncle Mugabe says:

    eeeee kma zafikapo ndithu……kma i wish mlandu umenewu uthe timve kt wina zamuthera bwanji

  5. The Analyst says:

    O……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..O
    Ohhh so there would be a delay because it may take time to rewrite the proceedings?
    . . . If there is someone who is paid to do this kind of job (implying he/she is an expert now), can it even take them more than a week to do this? There is no grain of truth in the reasons for the delay.
    ……………………………………………………………………………….
    The only good and perhaps better reason is that you want to serve justice to Kasambara. And perhaps you can do more justice to him by giving him more of such funny excuses. Next time, as the delay keeps on; tell him . . .
    . . . the only person who does the writing of such matters is sick and recovery time is unknown.
    . . . or that the only computer in the office is out-of-kilter and it may take at least 1 year to fix it or procure another as you shall have to wait for next financial year’s national budget (the passing of which, is also uncertain).
    ………………………………………………………………………………..
    Otherwise, just as it is the case that the only language a thief understands is prison; the only language which an unjust person understands; is injustice. And clearly the excuse you have given us for the delay is a clear display of injustice, which, when applied to such unjust people as Kasambara; is justice.
    O………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………O

    1. Kadonaphani Banda says:

      Akulu inu ndi Ralph amene mwalirapo tu apa eti……………………………..Uyutu auponda ndithu mungoti pheeeeee.

    2. Njala nthenda nsanje says:

      Sounds like you’re celebrating injustices. Well but remember that Malawi is a country of njala nthenda nsanje where it is easy for one to get accused and arrested on false allegations.

      Only those who are lazy to think can dance and drink over unjust court decisions. Because that sets the precedence and becomes a national norm.

      So, tomorrow you’re accused and arrested on falsehood, don’t cry a river. Remember Malawi is a country of njala nthenda nsanje, and false accusations will be there for sometime to come.

  6. ngoni says:

    mbara. waiting sentence, l like the sound of that, am sure kasambara would aswell ask the writer Green Muheya to recuse himself.

  7. Really says:

    [email protected] Embarrassing indeed. Thanks that Mtambo made history airing it live on TV. Well recorded. He was reading from the file we saw it.

    We are all watching . Others are laughing. One day this whole saga shall come back to haunt many. What does the bible say about corrupt and unjust judges?

    God is watching.

    1. Mudzaziona Nanunso says:

      Well said mate. That’s the reason I am not gonna bother leave a comment on this story. Celebrating injustices, unfairness! Malawians mukudzikalasulira makala amoto! Ndithu!

  8. Zinziri says:

    Kasambara ndiye kuti cha?

    1. nancy says:

      uyu akafele ku maula he thinks he’s a big deal hes such an idiot

      1. kinyepe says:

        Mlembi wa nkhaniyi wadya za Raph,komatu bwino ukamufuse Mphwiyo

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