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Judge Bobo reserves ruling on Kambwili, Nkombo impeachment stay application

LUSAKA High Court judge Anessie Banda Bobo has reserved ruling to July 23 in a matter Roan PF member of parliament Chishimba Kambwili and his UPND counterpart Garry Nkombe asked for stay of proceedings in the impeachment case pending the determination of their appeal.

 

Kambwili and Nkombo applied to join proceedings in which PF members Robert Chabinga and Henry Mulenga have challenged the purported decision by Speaker Patrick Matibini to table the impeachment motion before Parliament.

 

But judge Bobo refused Kambwili and Nkombo to join the proceedings, saying the duo did not have sufficient interest to warrant them being joined.

 

Judge Bobo said Kambwili and Nkombo were forum shopping by seeking to be joined to judicial review on impeachment on matters that were already before the Constitutional Court.

 

After the dismissal to be joined, Kambwili and Nkombo appealed to the Court of Appeal and asked judge Bobo to stay proceedings.

 

But Chabinga and Mulenga raised two preliminary issues on whether or not Kambwili and Nkombo were allowed at law to apply to stay the proceedings in which they were not party and that costs of proceedings be borne by them.

 

In their arguments, Kambwili and Nkombo said if the court entertains the application to raise preliminary issue which bordered on their standing, the whole appeal process would be rendered an academic venture if the appeal were to be decided in their favour and the proceedings before court were not stayed.

 

“The intended joinders would have been prejudiced by those proceedings. We urge the court to use its discretion to stay proceedings before it as there are good and compelling reasons for it to do so,” submitted Kambwili and Nkombo through their lawyers Mulambo Haimbe.

 

After hearing submissions from both sides, judge Bobo reserved ruling to July 23.

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