#HighCourtJudgeInAnotherScandal
Controversial High Court Justice
Never Katiyo is deep trouble - again - after recently granting an order to the National Prosecuting Authority (NPA) to make a Supreme Court appeal against acquittal about seven months ago of five opposition activists on attempted murder charges.
Katiyo granted an order to the NPA on 8 August for it to appeal the acquittal of opposition MP Maureen Kademaunga, and a Harare City councillor Clayd Mashozhera on attempted murder charges dating back to the 2023 general elections.
Kademaunga, Sunningdale MP, and Mashozhera, Ward 10 councillor, were facing charges alongside two residents, Noel Munhuweyi and Daudi Kharim Jessub.
The four were charged with three counts of attempted murder and malicious damage to property under various sections of the Criminal Law (Codification and Reform) Act during the last elections.
After their acquittal in January this year, the NPA filed a High Court application for leave to appeal against the judgement in the Supreme Court.
In terms of the law, the respondents, the four accused and the magistrate who initially handled the case, had 10 days to respond to NPA application, failure to which a default judgement would be issued after relevant procedures had been followed.
However, in a breathtaking act of incompetence - another scandal - Katiyo issued a flawed judgement only four days after service of application papers.
Katiyo unprocedurally ruled:
"The applicant be and is hereby granted leave to appeal against the acquittal of the 1st respondent to 4th respondents by the
5th respondent sitting in Harare on the 29th of November, 2004 in CaseNumber, Harare Regional Magistrates' Court CRB HRER 1490/23, 1530/23, 1473/23 and 1496/23."
Alarmed by Katiyo's unprocedural, incompetent and flawed judgement, two lawyers representing the accused, Harrison Nkomo of Mhishi Nkomo Legal Practice and Tapiwa Muchineripi of Muchineripi & Associates, wrote to the Registrar of the High Court placing before judge his flawed order and demanding urgent correction.
The lawyers said the order - which was premature as it was issued before the 10 days for the respondents to file their papers elapsed - prejudiced their clients and should be withdrawn immediately.
In any case, the lawyers said, the respondents had already filed their papers within the required 10 days limit.
Nkomo on 19 August wrote to the High Court Registrar:
"Kindly place this very important and Urgent letter before the HONOURABLE. JUSTICE KATIYO for his consideration.
For the record, we represent the 4th Respondent and accordingly, our interest must be noted.
Your record will off course show, that:-
1. The Court Application which is subject of this discussion was filed on the 30th of July 2025.
2. The Application was served upon the 4th Respondent on 04th August 2025 at 12:46 hours.
3. The Applicant filed its certificates of service on the 5th of August 2025 indicating that the Respondents had been served on the 4th of August 2025.
4. On the 08th of August 2025, the Honourable Justice Katiyo sitting in Chambersdetermining a Court Application, granted the offending order. It has to be noted that this was granted on the 3rd day of filing of the certificates of service and the fourth day of service of the court application.
5. A perusal of the Applicant’s papers, and specifically on paragraph 3 of page 3 of 362, demonstrates beyond doubt that Respondents had ten (10) days within which to file their opposing papers, failing which the matter would be heard without their participation.
The same position is expounded in Rule 59(b) of the High Court Rules, 2021.6.
A computation of days from the 4th of August 2025, (the date of service) would show that the Respondent’s dies inducae would be the 20th of August 2025, exactly twelve (12) days after this order was granted."
Nkomo added:
"Against this background, it becomes abundantly clear that this judgment was granted in error and to the prejudice of the Respondents. We, copy of this letter respectfully call upon the Honourable Judge to invoke Rule 29(1)(a) of the High Court Rules, 2021 to correct this Judgment, which is patently, a judgment granted in error."
Muchineripi also wrote saying Katiyo's judgement was issued in error and must be withdrawn.
Only recently, Katiyo was caught in a storm of controversy involving accusations of delivering a judgement in a matter that was never argued before him - well before the set hearing date.
These cases and others have now triggered urgent calls within the judiciary for Katiyo to be suspended and investigated.