The High Court dismissed his application to block the prosecution, with costs incurred. Khama claims he is a fugitive from injustice and faces threats to his life. However, the judge disagrees with Khama's assertion that his life is in danger. Despite this ruling, the former president vows to return to Botswana. Justice Barnabas Nyamadzabo of the Gaborone High Court declared Khama "a fugitive from justice who does not have locus standi in this or any other Botswana court during his status as a fugitive from justice."

This decision comes after Khama's attempt to halt his prosecution for illegal possession of firearms, alongside former chief spy Isaac Kgosi, suspended police commissioner Keabetswe Makgophe, and former permanent secretary Bruno Paledi. Khama argued that the charges were politically motivated and malicious.

However, Justice Nyamadzabo dismissed Khama's application on February 11, stating that Khama is aware of the charges against him but has not made himself available to receive the court process and appear in the Magistrates court to address the charges.

"A warrant of arrest has been issued against him by the Respondent, which Khama is fully aware of, but there is no indication of when or if he will submit to the jurisdiction of the Magistrates court," the judge remarked.

The judge upheld the respondent's assertion that Khama is a fugitive from justice and thus lacks standing in any Botswana court during this status.