High Court Judge Redson Kapindu has denied an application for a stay made by former governor of the Reserve Bank of Malawi (RBM) Dalitso Kabambe in a case where he is facing multiple charges related to alleged financial misconduct during his tenure at the central bank.
Kabambe is answering charges of conspiring to expend public funds without authorisation or appropriation from Parliament and of providing false information to the International Monetary Fund (IMF), among others.
These allegations stem from his time as RBM governor, a position he held from 2012 to 2020.
His lawyer, Fostino Mayere, had argued that proceedings should be halted to allow the Legal Affairs Committee of Parliament to consider a petition submitted last month.
“The petition questions the legitimacy of the Director of Public Prosecutions (DPP)’s decision to proceed with the case, arguing that the charges stem from collective decisions made by the bank’s board rather than individual misconduct,” the lawyer said in his argument
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Delivering his ruling, Kapindu said the court could not intervene in the parliamentary process and advised Kabambe’s defence team to pursue their concerns directly with the Legal Affairs Committee.
He noted that the committee holds the authority to direct the DPP if it deems that the prosecution is improper or politically motivated.
During the hearing, Kabambe also raised concerns about the clarity of some charges and requested access to documentation showing the specific reports he personally submitted to the IMF—documents which the State has reportedly not yet disclosed.
According to Kabambe, the prosecution has only provided correspondence from the IMF, without including his own submissions.
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Mayere said the lack of these documents hindered the defence’s ability to respond meaningfully to the allegations and maintained that his client was being unfairly singled out for decisions that were made at institutional level.
Meanwhile, the High Court has ruled that the case will proceed as scheduled while the Legal Affairs Committee continues to consider the petition separately.
