Legal standing required in failed Kabwum DDA case

A National Court judge said it is a legal requirement for individuals to prove they have legal standing to challenge public officials in court, especially in public interest cases.

Justice Paulus Dowa said this was to protect the court's processes from abuse, and ensure proof of proper personal or representative authority

He made these comments when dismissing a challenge against the Kabwum District Development Authority (DDA) by a former 2022 election candidate, and plaintiff, Haring Qoreka.

Qoreka sought to prevent Kabwum DDA chairman Kitowe Mumsiong from using district funds, claiming Mumsiong was not properly elected, and was mismanaging funds.

However, the court found Mumsiong was validly elected in November 2023, with the recognition of the Minister for Provincial and Local Level Government Affairs, Soroi Eoe.

Justice Dowa ruled that Qoreka, who is neither a DDA member, nor an elected representative, lacked the authority to bring the case, further noting Qoreka failed to provide evidence showing that the people of Kabwum authorized his actions.

Qoreka had previously succeeded in a 2022 election petition, which led to the removal of the then-elected MP, Patrick Basa. A by-election is pending, subject to a Supreme Court review.

The court dismissed the case under rules preventing frivolous and baseless claims, citing clear lack of merit.