Court dismisses Raphael Kamoto’s case


The High Court in Lilongwe has dismissed a case in which former Malawi Energy Regulatory Authority (Mera) Chief Executive Officer, Raphael Kamoto, was challenging the energy regulatory body’s decision to fire him.
Kamoto was dismissed on February 6 2017 over issues surrounding Mera’s purchase of maize for the Agricultural Development and Marketing Corporation using K2.9 billion from the Price Stabilisation Fund (PSF).
After an injunction he obtained on March 16 last year was vacated following a challenge by Mera, the court started hearing the substantive issues Kamoto was raising in his challenge.
However, following failure by Kamoto’s lawyers to be present in court on Wednesday, judge Charles Mkandawire dismissed the matter.
“And further upon noting the plaintiff counsel’s lack of seriousness in prosecuting the matter throughout the course of proceedings since the commencement of the originating summons, it is hereby ordered that the originating summons herein is and is hereby dismissed with costs,” reads the court order dated January 3 2018.
Kamoto was being represented by Nicholls & Brookes law firm while Mera was being represented by lawyer Gabriel Chembezi of GD Liwimbi&Partners.
According to court records, on December 12 2017, Mkandawire clearly stated that if Kamoto’s lawyers were to be absent on Wednesday, the matter would be dismissed.
The basis of the originating summons which Kamoto filed on March 16 was to determine whether Mera’s disciplinary committee, which heard his matter and eventually dismissed him, was properly constituted.

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