While former President Peter Mutharika was recently permitted to delay his Cement Gate case until after the elections, the High Court in Lilongwe has refused presidential candidate Dalitso Kabambe’s request to pause his K13.6 billion loan fraud trial for campaign purposes.
In contrast to Mutharika’s case, Justice Chimbigzani Kanthambi ruled on Friday, August 22, 2025, that Kabambe’s application lacked merit and would undermine equal treatment before the law.
Kabambe is answering charges alongside Henry Mathanga, Leston Ted Mulli, Felton Mulli, Joseph Khupe, Mulli Brothers Limited and Web Commercials Limited.
The group is accused of arranging loans for the supply of fertiliser under the Affordable Inputs Programme (AIP), fertiliser that was never delivered and the loans were left unpaid.
Director of Public Prosecutions (DPP) Masauko Chamkakala welcomed the decision, stressing that political ambitions cannot be used to delay criminal proceedings.
The case remains at its preliminary stage, with a plea yet to be taken. Prosecutors argue that Kabambe’s presence is not indispensable since he has legal representation, and the proceedings do not infringe on his constitutional right to contest in the elections.
The ruling has sparked widespread debate, with many drawing comparisons between Kabambe’s rejection and Mutharika’s allowance. Critics argue that the two decisions expose inconsistencies in the judicial handling of high-profile political figures, while others insist that each case should be judged on its own merits.
