Prior ties to defence lawyer no grounds for bias, says magistrate

The family of slain Windhoek man Nande Simon Mulokoshi (35) has raised concerns over the handling of bail proceedings involving murder accused Gabes Shiimi (31), citing an alleged undisclosed prior relationship between the magistrate and the defence lawyer.

The concerns relate to this week's proceedings before magistrate Immanuel Udjombala in the Windhoek Magistrate's Court, where defence lawyer Vetu Uanivi appeared for Shiimi.

Mulokoshi was fatally shot on 15 June 2025 at Chicago's Bar & Restaurant on Independence Avenue in Windhoek. Shiimi, who allegedly fired the shot that killed him, was arrested shortly after.

According to a formal complaint lodged by the family, they learned after the hearing that Uanivi had reportedly previously employed Udjombala at his law firm, Uanivi Gaes Incorporated, in February 2018, where the now magistrate served as a candidate legal practitioner.

Addressing the issue in court yesterday, magistrate Udjombala acknowledged that a complaint had been lodged in chambers alleging possible bias due to a prior professional relationship with Uanivi.

Udjombala stated that professional connections within the legal field are common and do not automatically warrant recusal.

“The nature of this profession is such that legal practitioners may have studied together or worked together at some point," he said.

He added that such associations, on their own, do not imply bias or justify stepping aside from a matter.

“I do not have any personal interest whatsoever in this matter,” Udjombala said, emphasising that judicial officers are trained to act impartially regardless of the parties before them.

State prosecutor Eric Naikaku said he had met the family to explain the proceedings and confirmed that the State had not brought a formal recusal application.

The family's complaint alleges the prior relationship was not disclosed on record at the outset of this week's proceedings.

The family now questions whether the alleged prior relationship should have been declared and whether it compromised the fairness of the bail hearing.

In response to the family's concerns, defence lawyer Vetu Uanivi yesterday said he understood the family's position but maintained that the issue had already been addressed in law.

He referred to a Supreme Court judgment in a Hollard case, which held that prior professional associations do not automatically give rise to a reasonable apprehension of bias unless the matter before the court arises directly from that relationship.

Uanivi said this position had been explained to the family and, as a result, no formal recusal application was made.

Review requested

Mulokoshi’s sister, Kaunapawa Mulokoshi, lodged the formal complaint with the control magistrate at the Windhoek Magistrate’s Court on 9 April.

The complaint, titled 'Conflict of interest and failure to disclose in bail proceedings', states that the relationship “was not disclosed on record to the court, the state prosecutor, or to the victim’s family”.

Speaking to Namibian Sun, she said the alleged non-disclosure raises a reasonable apprehension of bias and could potentially undermine the principles of judicial independence.

The family has requested that the control magistrate investigate the matter and determine why Udjombala did not recuse himself.

“We also want this entire bail application urgently reviewed in light of this undisclosed conflict of interest," she said.

Mulokoshi was killed after being struck by a stray bullet during an incident at the popular Windhoek hangout spot along Independence Avenue in June last year. The accused has remained in custody since his arrest.

Bail ruling later this month

Shiimi faces charges of murder and discharging a firearm in public in relation to the death of Mulokoshi.

Earlier this week, Shiimi filed his second bail application by way of affidavit. Court records indicate that the first bail attempt had been abandoned after the State called its first witness, Detective Warrant Officer Joseph Sakaria.

Uanivi abandoned the application after Sakaria testified that investigations were nearing completion, indicating that the defence would allow the police to finalise their work before proceeding.

The State opposed the latest bail application through oral evidence led by Sakaria.

Shiimi’s bail ruling is set for 29 April. 

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