Mtambo dismisses Kasambara’s plea for judge recusal

The High Court on Wednesday dismissed an application by f ormer 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, seeking recusal of Judge Michael Mtambo from the hearing the case.

Kambara: Wants Judge Mtambo out

Kambara: Wants Judge Mtambo out

High Court Judge Michael Mtambo

High Court Judge Michael Mtambo

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.

He will give full detailed reasons for refusal to recuse himself on Friday.

Kasambara who accused Mtambo of “playing the role of prosecution advocate” in the case, indicated he will lodge an appeal at the Malawi Supreme Court so that the judge 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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38 thoughts on “Mtambo dismisses Kasambara’s plea for judge recusal”

  1. Mtambo akukakamira bwanji poti ma judge ndi ambiri????

  2. nikisi says:

    Why was the judge saying things that were not proved in evidence, remains to be seen.

  3. Omex70 says:

    Kasambara has contributed to the poverty levels of Malawians. Time has come for him to face the music. The problem with him is that he wrongly thinks that he is bigger and wiser than anyone else including God and he always wants everyone include God to fear him. Michael Mtambo do your job. L a40 lakwana la Ralph.

  4. zoona says:

    Ndiye Mtamboyonso akuwoneka wa chamba kuposa iweyo Kasambala. Usova umayenda mmbali. Whether Mtambo recuses himself or not you will still be in the cooler boy. Uwafunse anzako a MCP what happened when the judge recused himself and a new judge took over. Did it change their electoral fate???

  5. Tate wa matate ; says:

    Koma pokhala ndi Kasambala muona akutuluka koma tonse tikudziwa kuti ndi MURDER CASE koma achikhala mphawi linali kalekale ku MAULA

  6. mtumbuka ndi deal says:

    akuziwana awa musalimbane nawo ndalama amagawana….

  7. Ngongoliwa says:

    Malawians be careful with Kasambala, he is a mafia and his actions are but delaying tactics. Human rights yes but he wants to abuse the rights. What Kasambala is doing demonstrates that he is on wrong side of the law. Plz no more delays m’mangeni asatiputsitse, tisamangomva za iyeyu daily!!!!!!!!!!!!!!!!

  8. Maximum Prison says:

    Tick tock tick tock tick tock the clock is getting to closer for Kasambara to face justice! You can run but you can not hide. Every problem has an expiry day so Kasambara has been a problem in Malawi therefore his expiry day is close!

  9. Mbanangwa says:

    For cases of this nature will need a jury.

  10. Mbanangwa says:

    This is not a simple case as it appears to be portrayed by different commentators. Judge Mtambo will not have an easy ruling. Most commentators on this page have already judged Kasambara as guilty, sorry to tell you that facts of law do not go with public sympathy.

  11. bwampini says:

    Kasambala woipa mafia and bingu ananena kale ndi khuluku, wopanga chinthu osawonekera. Akalowe basi

  12. Yosefe Gambatula says:

    To have faith in Malawi justice system.A judge gamulani Mlandu osayang’ana nkhope.Prisons were not meant only for poor people who cannot afford a proper justice.Its time people had faith in Malawi justice system than basing it on animal farm basis.Mukhata apa mupitenso Ku 92 billion ya Dpp.Onsewa muwamange zaka zopitilira 50.Azikazi awo tikwatira mbuyomu.Anthuwa awononga economy ya Malawi ndi greediness yawo.

  13. A MPINGO says:

    Wakumana nawo anzako
    DZIKO LONSELI MUNTHU NKUKHALA IWE BASI ???

  14. chingolopiyo says:

    Kasambara, chuuluka chilichonse chimatera, inu nthawi yakwana yotera. The mere fact that you are a lawyer does not give you an edge to triumph in every case you handle. Ukatambatamba kumayang’ana kunyanja kukakuchere, inu kwakucherani ndithu. Osamaiwalanso kuti wapaswindwi khoswe anaulula wa pa zala. Ife you are innocent don’t worry, Justice Mtambo will set you free, but the way you are operating, it shows you are aware that the law is going to take its course. Which judge do you want so that he can have sympathy with you? Bro,the same sword that you have been using to kill will be used to kill you now. Let justice be administered. The law should not be hard on the poor and be soft on the rich or those who operate under it.NIX!

  15. Bulutu 1 says:

    Munkachemelela kugulitsa bank,we could not urgue.under presure ur president has droppd it.

    Kasambala can not go to prison if his claims are the.Stop taking malamulo mmene mukuwaone but mene alili.

  16. ma plain says:

    RK

  17. chatonda says:

    People are earger to see how this case will be concluded. Kasambara is one such suspect of so many criminal acts and this case is the first and people want to see justice done. Kasambara should not buy judges as he is used to all the time.

  18. jowana says:

    Anyongedwe basi,munthu oyipatima ameneyo

  19. mphini za mutchafu says:

    Mkuta madzi nkhani ndiyakuti a kasambara samafuna kuti judge mtambo amve nkhani yawo iwo amafuna judge wina zikatere umapanga apply kwa judge yemwe akumva nkhani kut asiye ndipo ipite kwa judge wina. Apa mtambo wakana kuidiya nkhaniyi kuti judge wina aitenge chifukwa iye sangakondere boma apa ndiye kuti a kasambara agwa nayo application yawo

  20. lol says:

    Judge shopping

  21. jambo says:

    Kasambala nthawi yakundende yakwana.Umayesa ndiwe wochenjera Pa Malawi.Sukulu yake iti umanyadyadirayo.Uzafa imfa yowawa kundende.No pardon by the way.Mkatolika woipa iwe

  22. Wiseman Ubuntu says:

    Raph roughing the Judge! Laughable!

  23. Jelbin mk says:

    Mr Mukuta madzi it is not procedural in criminal proceedings for another judge to remove another judge from presiding over a case because by doing so criminals will be free to conduct judge shopping which would defeat the ends of justice thus why the judge is asked by a lawyer representing the accused to recuse him/herself from the case if necessary and if the defence has enough and sound reasons for that and in this case the defence lawyer is Kasambara himself because he is representing himself. And I do wonder why Kasambara is nervous because even if the judge biasly sentences him he still will be given a chance to appeal the case to the supreme court where the ruling can be overturned. He now makes the public believe that he has that guilty conscious within himself because he is a lawyer himself by profession and he understands what is going on clearly that even at the supreme court he will find it difficult to have his sentence overturned or reduced. He understands well that the high court judge does not give the final verdict and. Kasambara must also know that he is representing himself who is the accused at the same time so he should not put himself at loggerheads with the judge because at the end the judge puts to account every statement and answer that transpired during the trial and if the accused did not show remorse during the trial he or she is punched with the maximum sentence of the committed crime therefore he should learn to avoid provoking the judge because no one is allowed to argue or object with the judge but with the prosecutor because the prosecutor is the only one you play the game with not the judge,the judge is deemed as a referee in a game where a player has no right to argue or object the decision made by the referee because by doing so you are only inviting either q yellow or red card.

  24. Namatchaitsa says:

    Kikiki Maula yaitana! Umafuna mulandu upite ku Mzuzu kwa Dingiswayo Madise!

    Ng’oooo wauponda! Ukafera kundende galu iwe!

  25. clement says:

    Let the course of justice flow without hindrances. The issues Ralph is raising will fit well in an appeal if and when he is convicted. Otherwise he is showing cowardice. A judge cannot be wrong/bias before the conclusion of the case. Akufuna mlandu uyambilenso one under a new judge. Public opinion already convicted you Ralph

  26. Aaron Nsena says:

    Judge-shopping akuyinena a CJ ndi imeneyi. Amangidwe khulukuyi amayesa wanzeru ndiye kuposa majudge ndi makhoti

  27. Cashgate nkhani yake ili pati? This is nyasaland all of them drink from the same well

  28. mapwiya says:

    Kasambara just recuse yourself from the case basi. Asowa omumanga pamapeto pache, chimene ukukakamira kuti a judge achoke inetu sindikuchiona.

  29. Mphondo says:

    Apatu ng’ombe zayang’ana dazibomu! Sindikuziwona bwino komwe zikulowelaku

  30. koma says:

    ***Kambara*** i love that suits him better!! Khuluku Ralph. Thumbs up Mtambo.

  31. mphini za mutchafu says:

    Case to snswer and application for recusal fails this is govt 2 kasambara 0

  32. Achimwene says:

    What is Kasambara up to? I guess Judge shopping kkkkkkkk

  33. Steve says:

    Send a thief to catch a thief style. He who has little cards seems to be a “cry baby.” NO RECUSAL… face the music if he isn’t involved then the courts will find him innocent.

  34. Billiat says:

    Nayeni ameneyo. Asowe kothawira. Maula yaitana

  35. Chekambewa says:

    Kaka ampana ngati mbewa mumpani thats why he is making alot of noise but he is likely to go in and leave his wife being chewed by other kakas

  36. Mkuta Madzi says:

    Azanga umbuli wandipweteka thandizeni ndive nawo nkhani imeneyi. Ndikuva ngati accused Justice Mtambo ndiye amene wagamulanso nkhaniyi. musaseke ndithu ndi umbuli mzanune, pandisokoneza pamenepa.

  37. mikongoni says:

    This is a case and all tactics are allowed, and any party can play a trick so as to catch another party. Kasambara is too tight and he hath to play all skills to rescues himself.

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