Bail restored for Kasambara, Kumwembe: Judge Mtambo issue gag order

February 10, 2016 Mphatso Nkhoma -Nyasa Times 55 Comments

High Court judge Micheal Mtambo has given a restoration of bail to former minister of Justice and Constitutional Affairs Raphael Kasambara and former Malawi Defence Force (MDF) soldier Macdonald Kumwembe after being remanded in prison for five and four months, respectively.

Kasambara after being released on bail
Kasambara after being released on bail
Happy to have you back from prison, Kasambara being greeted by in-law
Happy to have you back from prison, Kasambara being greeted by in-law
Will be home for Valentine - Kasambara freed on bail
Will be home for Valentine – Kasambara freed on bail

Kasambara, Kumwembe and businessperson Pika Manondo are defending themselves in case of the near fatal shooting of former budget director Paul Mphwiyo at the gate of his Area 43 residence in Lilongwe on September 13 2013.

Their bail conditions were revoked by Mtambo on September 23, 2015 over what he claimed was an infringement on his private space by allegedly accessing his private information.

Mtambo said since the State prosecutors have finished parading their witnesses in the case, the defendants will not interfere with them and it was only justified to grant them bail.

“This court finds that it is appropriate that the accused’s bail be restored to its original status and that bail conditions will remain the same as when the ruling was being made of its revocation, ” he said.

The Judge however issued a gag order preventing them from speaking publicly about the case.

“The additional conditions are that the accused should not grant interviews to media and should also display interest to see the case continued earnestly and concluded in good time,” said Judge Mtambo.

The first accused Kumwembe saw his bail revoked following his application for the recusal of the judge after his ruling found him with a case to answer. The application revealed some details about the judge’s movements.

Kasambara’s bail was revoked on grounds that he was not showing interest to have the case concluded in time through applications for the judge to recuse himself.

The application to have their bail reinstalled was opposed by the State which argued that there were still threats to the judge.

Justice Mtambo underlined that the overriding matter was to have the case “case concluded in good time without any delays.”

He said: “This court is not concerned over the judge’s security matter because the issue of security is always in God’s hands.”

Director of Public Prosecutions (DPP) Mary Kachale said  she did not have problems with the decision of the court, saying the case “has progressed so well”  that is is going towards the final conclusion.

“They can go so that they can start preparing for their defence outside,” said  Kachale.

So far the pendulum of justice in the case seems to favour Kasambara as he has been exonerated by almost every witness from conspiracy to shoot the former budget director.

Mphwiyo was shot outside the gate of his Area 43 residence in Lilongwe on September 13 2013, a shooting which is believed to have exposed the plunder of public resources at Capital Hill that came to be known as Cashgate.

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55 replies on “Bail restored for Kasambara, Kumwembe: Judge Mtambo issue gag order”

  2. Welcome back Ralph. Palibe amene samalakwitsa. Tonse timalakwa only that you are now being tried against the Law of the Land. There are many out here that have also done wrong things only that the Law did not catch up with them. May God’s grace be upon you and may you be acquitted. Lessons learnt RK ! All the best!

  5. Tnis guy is a criminal…stop idolize him….he is nasty guy with stinking character…he is a mafia..

  8. I like Ralph Kasambara. This guy is very shrewed. Kasambara = Kalulu the hare. Mwana wakukaya. WELCOME BACK TO THE WORLD1 mulibe mulandu Ada Bwana.

  17. If this was a football game, it would be 90th minute and Raphael Kasambara has just won a penalty kick!
    Umangodziwiratu! Boma likonzekere , this guy will sue everyone he thinkss he can sue!!!

  18. anybody who has been following kasambala `s case doesn`t not require him or her to be a judge to foretell the outcome of his case. everyone of us has facts to determine whether kasambala will be condemned or not but me i can see him free and representing other in a similar crime.
    goodluck ada kasambala

    ngati mumachimwa koma apa sumunachimwepo ayi

  20. The problem with most Malawians is illiteracy. Full of Monday coaches. They think they know everything from economics, law, health and politics. How can bail mean someone has won the case? And if one is suspected of wrong doing, and get paraded before courts, is that not part of the process to justice itself? If one is proved innocent, is it an offence to those who suspected him of wrongdoing? If you claim Kasambara will be paid handsumly, then I can imagine a long queue of those who were suspected of doing wrong but were proved innocent lining up to ask for compensation.

  21. If the learned judge Dr Mtambo will find Kasambara SC guilty, then there is no justice in Malawian courts. Then there is no need to trust what Malawian judges proclaim in their chambers.

  23. AKULUAKULU TISANAYAMBE KAPENA KUPITILIZA KUWASWA MA GAY NGATI ZACHITIKA KU LL TIPHE KAYE KASAMBALA CHIMUNTHU CHOYIPA KUPOSA IMFA NJALA NKHONDO MANYI KAYA NDITI CHANI KOMA KAPOLO AMENEYU ANYONGEDWE NDITHU

  25. Mphwiyo adadziwombera yekha amafuna kudzipha chifukwa ku office kwawo adamutulukira za cashgate. Nkhani ya sithole inali itangodziwika kumene. A Jenya adanenanso kuti a mphwiyo anali pa mpanhpani ku office kwawo. Thats why mfuti sidapite ku court

  26. A Mtambo zikomo kuti at last you have come to your reasonableness and decided to release Kasambara osati zabefu zanu mumachita last year zija.

    Actually the whole case is a shame. How could you be prosecuting someone to say “prove your innocence”. Instead of pressing the prosecutors to prove beyond your doubt as judge kuti the man was involved.

    Moti zomwe akunena a DPP kuti PLC has a case to answer about plotting to unsdo Mutharika mukugwirizana nazo unless Chakwera proves his innocence?!!

    Sounds like chicken mentality.

  27. Atumbuka pretending as if they’re not together kkkkkkkk mtambo will surely rule in favor of Kasambala akungofuna kupusitsa a Malawi ngati kuti akumpotowa sali limodzi….A tumbuka ndi ine film musapusitsike

  28. mary kachale, ur legal expertise is jst a pinch in kasambala’s world. and mtambo ur a disgrace to the judicial for personalising kasambala’s case. i don’t knw for hw many times now kasambala slips away ur attacks, u will never get to this guy. learn to respect the SC.#Kasambala#

  29. In this case, I have just learnt one thing – don’t trust our police men in uniform, they don’t protect us. Look at Njaunje case, the CID can’t get to the bottom of it because they pretty know who did it. To Paul Mphwiyo just know it’s one of police officers or NIB officers who shot you period.

  31. Kasambala has just been sent on bail to say byee to his family he wont win this case, this man is going to prison.

  32. Kasambara has no case to answer Mtambo has. Mtambo should pray that DPP stays in power forever.I am not Kasambaras fan but it shows Mtambo has some hatred for Kasambara. May the Almighty God intervene. The just Just.Mr Kasambara, humble youself and just surrender it all to God. They may gurge you but God cannot be fooled. Enjoy the Valentine with your family. Mtambo is not at peace.

  35. amwali @ 1, mtambo has done nothing wrong. it’s that incompetent clueless prosecution team that has messed up the whole thing.

    imagine, the guy is representing himself, he’s operating from prison, has a heart condition and has no access to the outside world yet he’s still whipping a prosecution team wich has full internet, unlimited airtime, hotel food and heavy allowances. this boy is going to get paid!

  36. Kasambara has tested injustice in justice. He has faced his equal measure. At least now he knows that no human being is larger than the society. Nobody is above the law.

  40. Celebrations, chikondwerero, likondwa!

    Very happy to see you free again ada bwana. Let Malawi now know that this is the turning point.

    Now that we know the truth we want to see the real culprits jailed. And they are: Brown Mpinganjira, Bophani, Dausi ndi ena otero!

    Tiyeni naoni ma comment a Malawi.

  42. Mtambo you seem as if you don’t come from the North. Kasambara is being victimized because he above Mtambo and Kachale in as far far low in Malawi is concerned. He even metioned that Kachale was his Junior when he was attorney General during Bingu and I ask you now you will pay Kasamabara lots of money for false imprisonment and Kachale and Mtambo will pay back that money to a different govt that is coming very soon. Leave ada Kasambara ndi ana a Tonga amenewo, ana a Alton Chirwa nkhwantha za Charu chino.

  43. I agree Kasambara is one of the most intelligent lawyers around. Afteral he was my lecturer. I should have declared interest. Pepani a Malawi azanga

  46. Amwali, #1, you are too emotional. Ngati pali kenakake pakati pa inu ndi Kasambara izi zisalepheletse Judge kugwira ntchito yake.

  47. Sorry my friend kasambara ndidakunamizira. Adandishuta ndi Thandizo Mphwiyo amafuna k130 million idali mu galimoto yanga

  48. Sorry my friend kasambara ndidakunamizira. Adandishutb ndi Thandizo Mphwiyo amafuna k130 million idali mu galimoto yanga

  51. ana amuna kasambara. akuwaleselanji to talk to the public? akudziwa kuti the state team ndiyopoila heavy

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