Kumwembe jailed for contempt over ‘Robin Hood’ remarks: Judge Mtambo refuses to remove himself in Mphwiyo shooting case

September 4, 2015 Wanga Gwede- Nyasa Times 42 Comments

High Court Judge Michael Mtambo has rejected an application by suspected shooter of former Ministry of Finance budget director Paul Mphwiyo, Macdonald Kumwembe, to remove himself from the case.

Kumwembe: Jailed
Kumwembe: Jailed

Kumwembe, a former soldier of Malawi Defence Force, asked the judge recuse himself claiming his decisions in the high-profile case could be seen as biased.

The suspect, who was found with a case to answer on charges of attempted murder and conspiracy to commit murder, has also been convicted and sent to prison for four months for contempt of court over statement he made implying Judge Mtambo is a thief.

Kumwembe accused Judge Mtambo of presenting himself as “a modern day Robin Hood.”

The court  deemed the  remarks as demeaning and derogatory.

During cross-examination on his application, Director of Public Prosecutions (DPP) Mary Kachale asked Kumwembe if he understood who Robin Hood was, to which he replied: “I know Robin Hood, he was a judge.”

In communication to the judge, Kumwembe also expressed his discomfort with judge Mtambo for volunteering, in 2005, to represent Rubina Alibaba Kaonga in a case she brought against Kumwembe’s co-accused in a conspiracy to murder case, Ralph Kasambara, when he was the attorney general after all lawyers had refused to take her case.

He claims the judge has an axe to grind with Kasambara.

“From your narration, one gets the impression that you would go out of your way to make sure that Mr. Raphael Kasambara is not seen to be powerful as the public or other professionals see him to be. You present yourself as a modern day Robin Hood in so far as the dealings [with] Kasambara are concerned,” wrote Kumwembe.

But the judge said Kumwembe’s applicationwas not different to what Kasambara had also made “in the recent past.”

Mtambo  has since adjourned the attempted murder case to September 23 and 24

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42 replies on “Kumwembe jailed for contempt over ‘Robin Hood’ remarks: Judge Mtambo refuses to remove himself in Mphwiyo shooting case”

  1. I doubt now if Raphael from one Nyambadwe and not Nkhata is anymore havin sleeping nights. Wanya Ralph wanya. Umamulembela nsilikali chizungu shaaaaaa! Mtambo woyeeeeee! Maliseche alowa mkati Ralph. La 40 lakwana.

  2. Everybody talks bad of ralph, is it because he is very intelligent above 90% of good lawyers in malawi ndiye nsanje? No way he is mentioned in cash gate, even mphwiyo himself never mentioned him, karonga never, am fro luchenza, kwa namiwa health centre and am educated

  3. Moron, doesn’t even know who Robin Hood is. He probably heard that name being said somewhere and now he’s going to prison for his ignorance.

  4. So, this is the same Kumwembe who we read had been fired in the MDF for his involvements in armed robberies?? I thought he had changed. Anyway, as they say, he is innocent until proven otherwise by a competent court of law.

  5. Good call judge BUT why is it that your cases take too much time? Why do you have to adjourn for a whole month? Mumakhala mukutani pakatipa? Mukumatikaikitsa! Si madyela mphoto awa? We can see the other God fearing judges meting out sentences mosaumila only being restricted by the stupid laws of the poorest nation, where chicken theft gets you 15 years and laundering one billion MK attracts a maximum ten years. Zachamba zenizeni!

  8. This court contempt case should remind us of how low our society has sunk in terms of indispline. There is too much disrespect in Malawi.

    The country can’t develop like that. Kaya zanu izo ife tili kunja.

  11. Mulopwana ndiwe chitsiru. Walakwa chani mtamboyo apa?? Kaya ndi mbale wako kumwembeyo wakalowabe ndipo amalawi tose tili pambuyo pake. Nyapala

  12. AMWENE RALPH !!! BWANJI KUTHENTA POKALIRA ?
    KUMWEMBE MWAMUPUTSITSA AND NOW IT WILL BE YOUR TURN
    MTSIKANA UJA MUNAMUPATSA M’MIMBA NDIKUKUBEREKERANI. MWANA ANAKUDANDAULANI NDIYE BE PREPARED TO REAP WHAT YOU SOW. ACHEWA AMATI ” CHOYIPA CHIMATSATA MWINI “

  13. Robin Hood is a heroic outlaw in English folklore who, according to legend, was a highly skilled archer and swordsman. Traditionally depicted as being dressed in Lincoln green, he is often portrayed as “robbing from the rich and giving to the poor” alongside his band of Merry Men. Robin Hood became a popular folk figure in
    the late-medieval period, and continues to be widely represented in literature, films and television.

  14. If there is equity in terms of application of justice in Malawi, then most of people; regardless of their high political positions would have been in jail for “contempt of court” as the case of one Kumwembe above. But since our systems are selective, one has to know that he is dealing with a court judge.

  17. Maybe this will save as a lesson…
    I doubt that a cold hearted undereducated thug like Kumwembe knows Robin Hood…The same mafia godfathers who sent him to kill Mphwiyo in cold blood was behind this pathetic attempt to character assassinate the judge and delay justice…

    By the way just a reminder that no one has won a castigate or related case so far ndagondusamo…..

  18. You cannot win cashgate case by threatening other people, blaming other people that they used you or even blaming yourself. Muli mmadzi

  21. Let us have a clean up exercise in Malawi. Thieves, killers and mafia sbe removed from the society. Malawi was good under Kamuzu and we can make it too. Lutepo, Kasambara, Mphwiyo, etc should be bad examples to be in our midst because their behaviour leaves aot to be desired. Aclean and trusted Malawi is possible if courts and the police can do a good job

  24. Well, Kumwembe is already caught up in the learned lawyers crossfire. He has been jailed for contempt of court. He will definitely be jailed for attempted murder.

    The truth of the matter is that both the Attorney General (this I knew long time ago) and Judge Michael Mtambo (this I have know thanks to Kumwembe) have personal grudges against Kasambara. Not that Kasambara is an innocent victim of these guys, – he played a part in whatever led to this mutual hatred, but surely fixing him in this or any case is being unprofessional. Kalekeni also offered to prosecute Kasambara for free just to get back at him for refusing to render some services to Kalekeni when he was Attorney General.

    Mere souls like me will henceforth stay away from these lawyers. They can surely finish you.

  25. Maineeeeeeeeeeeeeee pakamwa abale.Tisamale abale tikafuna kuyankhula chifukwa mlomo omweu umatembenuka nkukhala chipsyinjo.Pepani achimwene Kumwembe,ndikudziwa kuti mumanenera zimenezi chifukwa chofuna kudzipulumutsa!!!

  26. Stupid Kumwembe. He could have easily retracted his comments and avoid jail. Arrogance just to be seen as a star does not yield anything. Lock up all these cashgate he/she goats.

  30. That is the way to go. What about Kasambara and Kitha. Sentence them also. You should not be fooled High Court Judge. Good judgment

  36. Hahahahhaha watch out for part 2 who is going in…..mbuzi inu bwana wako uja amakutuma wakupwetekesa pano angotuluka thukuta ku matako hehehehehede

  39. A mtambo mwayamba kuonjeza…kunali anzanu ku Malawi kuno anthu ngati A Ralph Kasambara nawonso amazitenga ngati iwo nde patali ndi malamulo…koma nthawi yanu yikazakwana mpamene muzadziwe kuti kulinso anzanu odziwa kuposa inu.

  40. A Kumwembe akupweteketsani akukutumaniyo, umbuli ndi matenda, kunena kwa ndithe ndithe nanthambwe anazitengera

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