By Peter Phiri:
The Anti-Corruption Bureau (ACB) has applied for the recusal of High Court Judge Kenyatta Nyirenda from presiding over the corruption case involving former Inspector General of Police George Kainja.
The Bureau has also pleaded with the High Court to have the Attorney General and the Director of Public Prosecution ( DPP) removed from the case arguing that they have no relevance in the proceedings.
In the case the former IG is challenging his arrest by the Bureau using information obtained from a foreign agency, the UK’s National Anti-Corruption Agency.
Kainja was arrested some two months ago in relation to the Zunneth Sattar corruption case in which the United Kingdom is prosecuting the businessman over various contracts which were awarded to him by the government of Malawi.
When the matter came before Judge Kenyatta Nyirenda on Friday morning the ACB raised preliminary objections among them an application of recusal by the judge arguing he is an interested party.
Among others, the ACB is arguing that Judge Nyirenda is among the individuals that were also mentioned in the ACB report to have benefitted from Sattar.
In the application on Attorney General and the DPP, the Bureau argue that their inclusion adds no relevance to the case.
Meanwhile Justice Nyirenda has set October 3 as the date he will deliver his ruling on the two applications.
Lawyer for Kainja, Gift Nankhuni has refused to comment on the matter saying he will wait for the court’s determination.
