Order of Discontinous - Republic vs Dalitso Kabambe, Henry Mathanga, Samuel Chilembwe Malitoni, Elvis Thodi, Cliff Kenneth Chiunda, Joseph Mwanamvekha 0.pdf
Upon receipt of a certificate of discontinuance filed by the Director of Public Prosecutions under the cited constitutional and statutory provisions, the Court entered discontinuance of the criminal proceedings against the six accused persons, discharged them from the charges, discharged any bail recognizances, and...
Source-derived case information.
- Parties
- Respondent: THE REPUBLIC; Accused: DALITSO KABAMBE; Accused: HENRY MATHANGA; Accused: SAMUEL CHILEMBWE MALITONI; Accused: ELVIS THODI; Accused: CLIFF KENNETH CHIUNDA; Accused: JOSEPH MWANAMVEKHA
- Jurisdiction
- Malawi
- Procedural Posture
- Criminal Cause / Order of Discontinuance Upon Certificate of Discontinuance by the Director of Public Prosecutions
- Outcome
- Discontinuance entered; accused discharged
- Legal Topics
- Discontinuance of Criminal Proceedings, Director of Public Prosecutions Powers, Discharge of Accused Persons, Bail Recognizance, Recommencement of Proceedings
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
THE REPUBLIC
Respondent
DALITSO KABAMBE
Accused
HENRY MATHANGA
Accused
SAMUEL CHILEMBWE MALITONI
Accused
ELVIS THODI
Accused
CLIFF KENNETH CHIUNDA
Accused
JOSEPH MWANAMVEKHA
Accused
Procedural Posture
Criminal Cause / Order of Discontinuance Upon Certificate of Discontinuance by the Director of Public Prosecutions
Legal Issues
- 1 Whether the Court should enter a discontinuance upon receipt of a certificate of discontinuance filed by the Director of Public Prosecutions.
- 2 The effect of the discontinuance on the accused persons and any bail recognizances.
- 3 Whether the State may recommence or bring new charges on the same facts within six months.
Ratio Decidendi
Upon receipt of a certificate of discontinuance filed by the Director of Public Prosecutions under the cited constitutional and statutory provisions, the Court entered discontinuance of the criminal proceedings against the six accused persons, discharged them from the charges, discharged any bail recognizances, and recorded that the discontinuance does not bar the State from recommencing or bringing new charges on the same facts within six months.
Court Disposition
Discontinuance entered; accused discharged
Orders
- The six accused persons, namely DALITSO KABAMBE, HENRY MATHANGA, SAMUEL CHILEMBWE MALITONI, ELVIS THODI, CLIFF KENNETH CHIUNDA and JOSEPH MWANAMVEKHA, are discharged in respect of the charges for which the discontinuance is entered.
- If the accused persons are on bail, their recognizances are discharged.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF MALAWI LILONGWE DISTRICT REGISTRY FINANCIAL CRIMES DIVISION CRIMINAL CAUSE NO. 2 OF 2025 (Before Honourable Justice Chipao) BETWEEN THE REPUBLIC -AND- DALITSO KABAMBE HENRY MATHANGA SAMUEL CHILEMBWE MALITONI ELVIS THODI CLIFF KENNETH CHIUNDA JOSEPH MWANAMVEKHA CORAM: HON. JUSTICE VIOLET PALIKENA-CHIPAO Maele, Director of Public Prosecutions ORDER OF DISCONTINUANCE Upon receipt of a certificate of discontinuance filed by the Director of Public Prosecutions (DPP) pursuant to section 99(2)(c) of the Constitution and section 77 of the Criminal Procedure and Evidence Code (CP & EC) and having considered the provisions of sections 99(2) and (3); 101 of the Constitution and section 77 of the CP & EC on the DPPs powers to institute or discontinue criminal proceedings, and considering the Court’s limited power on the DPP’s exercise of such powers, the Court proceeds to enter a discontinuance in respect of the criminal proceedings against the six Accused persons in this matter. In view of the certificate of discontinuance therefore, the Court proceeds to order and direct as follows: 1. THAT the six Accused persons namely DALITSO KABAMBE, HENRY MATHANGA, SAMUEL CHILEMBWE MALITONI, ELVIS THODI, CLIFF KENNETH CHIUNDA and JOSEPH MWANAMVEKHA are hereby discharged in respect of the charges for which the discontinuance is entered; 2. THAT if the accused persons are on bail, their recognizances be discharged. 4 3. THAT this discontinuance does not bar the State from recommencing or indeed bringing new charges against the persons referred to in paragraph (1) above on account of the same facts within six months from the date hereof. 4. THAT pursuant to the mandatory requirements in section 99(3) of the Constitution, the DPP shall furnish the reasons for the discontinuance to the Legal Affairs Committee of the National Assembly within ten (10) days hereof: Dated this 11" day of February, 2026 iN (WA pre Violet Palikena-Chipao JUDGE