High Court Judge Annabel Mtalimanja has dismissed an application by the State to stay execution of judgement of referring a case involving social media influencer Joshua Chisa Mbele as a constitutional matter.

According to Judge Mtalimanja, there is no merit in granting the order as it risks occasioning injustice and prejudice to Chisa Mbele.

“Given the principle that courts do not make it a practice to deny a litigant the fruits of his litigation and considering the fact that an order staying the decision of this court risks occasioning injustice and prejudice to the Respondent.

“I find that there is no merit in granting the order of stay as prayed for. The application is therefore dismissed in its entirety,” reads Mtalimanja’s ruling.

In the seven page ruling, Judge Mtalimanja has observed that even if not granted, the Applicant will not suffer any injustice.

She further stressed that in the event that the appeal fails and the matter is certified by the Chief Justice as a constitutional case, the respondent risks undergoing the trial process before the question of the Constitutionality is resolved.

The High Court observes that granting the order would compromise the Respondent’s right to fair trial.
The constitutional court referral followed an application which Chisa Mbele’s lawyer – Gilbert Khonyongwa made challenging the constitutionality of the a criminal libel count.

The accused, who was arrested in January this year and is currently on court bail, is answering charges two counts of criminal libel and publication of offensive communication.

Meanwhile, proceedings in the Senior Resident Magistrate’s Court will remain stayed pending determination of the Constitutional matter.