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Friday, December 2, 2022
HomeCourtsHigh Court Stays Proceedings In Mamombe, Chimbiri Case

High Court Stays Proceedings In Mamombe, Chimbiri Case

High Court judge Justice Munangati Manongwa has stayed the trial proceedings of Citizens Coalition for Change (CCC) members Joana Mamombe and Cecelia Chimbiri pending hearing of their challenge against the dismissal of their application for discharge.

Mamombe and Chimbiri had applied for discharge after the State closed its case with the duo’s lawyer Alec Muchadehama submitting that the State failed to prove a prima facie case against his clients, however, Chief Magistrate Faith Mushure dismissed the application saying the two have a case to answer.

Through Muchadehama, Mamombe and Chimbiri filed an application seeking review of the ruling at the High Court with Mushure and prosecutor Michael Reza cited as the first and second Respondent respectively.

Justice Manongwa ruled that proceedings be stayed pending finalisation of the application for review.

“It is ordered that: The trial proceedings against the applicants in Case No. CRB ACC 45-46/20 in the Magistrates Court be and is hereby stayed pending the determination of the application for review in HC 6207/22. The applicants shall file a complete transcript of the trial proceedings not later than 7 October 2022.

“The respondents to file opposition papers in HC 6207/22 by 21 October 2022. The applicants shall file answering affidavits not later than 28 October 2022. The applicants to file Heads of Arguments in the review matter by 4 November 2022. The respondents to file Heads of Argument by 11 November 2022. The application for review shall be heard on 17 November 2022 at 10 00arn. There shall be no order as to costs,” read Justice Manongwa’s judgement.

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