Mutembo Nchito


THE Constitutional Court has reserved ruling in a case in which it had asked former Director of Public Prosecution (DPP) Mutembo Nchito to explain whether his petition, challenging his dismissal as DPP was properly before court.

Earlier, the court raised a preliminary issue as to whether reliefs sought by Mr Nchito were properly before the Constitutional Court.

When the matter came up for hearing of the question raised by the court, Solicitor-General, Abraham Mwamba on behalf of the State said the matter was not properly before court.
Mr Mwamba said some of the reliefs sought in Mr Nchito’s petition could not be by way of petition but judicial review.

“To answer this court’s question, we are inclined to submit that the court has no jurisdiction to entertain the reliefs sought by Mr Nchito. We do not agree that the reliefs sought can be addressed in a petition.

“The appropriate way is judicial review proceedings ought to be instituted in this court in order to address the reliefs in issue,” Mr Mwamba submitted.

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