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Lilongwe District Registry - 2023 June

2 judgments
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2 judgments
June 2023
Kainja v Director of Anti-Corruption Bureau, Director of Public Prosecutions & Attorney General (Judicial Review Cause 2 of 2023) [2023] MWHC 47 (5 June 2023)
Court dismissed challenge to anti-corruption investigation, finding allegations speculative and judicial review unjustified.
  • Administrative law — judicial review of investigative/prosecutorial actions; locus standi; prosecutorial discretion; ACB cooperation with foreign agencies (NCA); admissibility of allegedly illegally obtained evidence; limits of DPP/Attorney General supervision over ACB; arrest versus summons; availability of alternative remedies.
5 June 2023
Kainja v Director of the Anti-corruption Bureau , Director of Public Prosecutions and Attorney General (Judicial Review Cause 2 of 2023) [2023] MWHC 20 (5 June 2023)
Application for judicial review to quash ACB investigation and prosecution dismissed for lack of factual basis and alternative remedies.
  • Judicial review — prosecutorial and investigative decisions — locus standi — timeliness — cooperation with foreign agencies (NCA) — admissibility of illegally obtained evidence (discretionary) — scope of DPP/Attorney General supervision — arrest v summons — exceptional nature of quashing investigations.
5 June 2023