The High Court Civil Division Judge Kenyatta Nyirenda has unconditionally released the Malawi Congress Party (MCP) Secretary General Richard Chimwendo Banda from ‘unlawful and unconstitutional’ detention.
Chimwendo Banda, who was arrested in December, has been remanded to Maula Prison without a charge.
Through his lawyer George Jivason Kadzipatike, he sought permission to apply for Judicial Review against the State’s ‘acts and omissions in detaining and continuing to detain him beyond the mandatory statutory remand period.’
In his order, Nyirenda, said the granting of permission for Judicial Review shall also operate as interim reliefs particularized as Stay of Remand Warrant issued by the Chief Resident Magistrate’s Court at Lilongwe on 15 December 2025.
“Immediate and Unconditional Release. Pending the hearing and determination of the said interpartes application for interim reliefs, the Claimant shall be immediately and unconditionally released from custody, the continued deprivation of his liberty being unlawful, unconstitutional, and in violation of his fundamental rights, including his right to personal liberty and due process of law.
“Pending the hearing and determination of the said interpartes application for the interim reliefs, any criminal proceedings whatsoever, whether instituted or intended to be instituted against the Claimant, whether arising from the same factual matrix or any other factual matrix, shall be commenced by way of summons,” reads part of the order
He has set aside January 23 2026 for inter-parties hearing.
