High Court

‘Cry-baby’ politician should not have brought party political case to court – judge

When Malawian politician Shadrick Namalomba asked for judicial intervention on the question of where he should sit in the national assembly, Judge Mzonde Mvula set him straight. Such issues were not appropriate for the courts to consider, he said. It was clearly an issue related to conflict within the official opposition, and for a variety of reasons, it should never have been brought to court.

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During March, Shadrick Namalomba, a member of Malawi’s opposition Democratic Progressive Party (DPP), asked the court to intervene in a dispute he had with his party. In particular, he wanted the leader of the DPP to be stopped from allocating him to seat 99 and later, to seat 100, for parliamentary debate.

Desperate Afghan judges ask UK high court for review of government’s refusal to allow them entry

The alarming case of two Afghan judges, refused entry into the UK after the Taliban took over Afghanistan, is instructive. The two face the very real possibility that they will be found and executed by the Taliban, and yet the UK government has flatly refused to allow them in. Among other things, this illustrates how vulnerable judges, as a group, sometimes are, persecuted precisely for the work that they do as judges. When they seek asylum, it is difficult to say that they are simply ‘making things up’, an accusation often levelled at other would-be refugees.

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Two Afghan judges, both in hiding and known only as ‘S’ and ‘AZ’, have successfully asked the high court to reconsider a UK government decision refusing to allow them to relocate to the UK.

Asylum-seekers should be dealt with under refugee law, says Kenyan court – not under immigration legislation

The Kenyan courts regularly hear cases related to people claiming to be asylum-seekers. The latest, decided three months ago, led to a judgment pointing out that the men at the heart of the matter, flagged for deportation, had the right to access Kenya’s elaborate new system designed to inquire into the validity of someone’s claim for refugee status. The two men were convicted of being illegally in Kenya and were to have been deported once they had served their term of imprisonment.

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The problems experienced by Espoir Ndaruhuya and Fredy Ndakenesha, both from the Democratic Republic of Congo, are not unusual. They came to Kenya from the DRC, and told the trial court they entered the country intent on seeking refugee status. They were arrested, however, charged, tried and convicted – but under the law related to immigration, rather than the law that applies to refugees.

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