A judge rejected Herbert Learnmore Chikiwa's request to reopen his murder conviction after Zimbabwe's Supreme Court and Constitutional Court had already ruled on the matter. Justice Esther Muremba said the High Court cannot revisit cases that higher tribunals resolved with finality under the functus officio doctrine.
Chikiwa sought a new trial, claiming the original judge had shown bias that violated his rights. State prosecutor Charles Muchemwa called the application procedurally defective. The Supreme Court upheld Chikiwa's murder conviction in 2023 while reversing an unlawful entry finding.
The Constitutional Court dismissed his subsequent challenge, finding no violations in the Supreme Court's handling of his appeal. Justice Muremba noted that High Court judges possess equal authority and cannot overturn decisions or rulings of their colleagues or superior courts.
The judge denied Chikiwa's oral request for permission to appeal to the Supreme Court, emphasizing that the litigation must conclude. She characterized his effort as an improper attempt to circumvent established legal procedures after exhausting legitimate review channels.
Chikiwa sought a new trial, claiming the original judge had shown bias that violated his rights. State prosecutor Charles Muchemwa called the application procedurally defective. The Supreme Court upheld Chikiwa's murder conviction in 2023 while reversing an unlawful entry finding.
The Constitutional Court dismissed his subsequent challenge, finding no violations in the Supreme Court's handling of his appeal. Justice Muremba noted that High Court judges possess equal authority and cannot overturn decisions or rulings of their colleagues or superior courts.
The judge denied Chikiwa's oral request for permission to appeal to the Supreme Court, emphasizing that the litigation must conclude. She characterized his effort as an improper attempt to circumvent established legal procedures after exhausting legitimate review channels.
