Court frees Chimwendo Banda
By Michael Martin//MALAWI
The High Court in Lilongwe has ordered the immediate and unconditional release of Malawi Congress Party (MCP) Secretary General Richard Chimwendo Banda who had been remanded at Maula Prison.
The ruling was delivered by High Court Judge Kenyatta Nyirenda sitting in the Civil Division on Wednesday 14th January2026.
Chimwendo Banda was released following a court application challenging the legality of his continued detention by the State.
Through his lawyer, George Jivason Kadzipatike, Chimwendo Banda sought leave to apply for Judicial Review against what he described as unlawful acts and omissions by the State.
The application argued that the State had detained him beyond the mandatory statutory remand period provided for under the law.
In his ruling, Justice Nyirenda granted permission for the Judicial Review to proceed.
The judge further ruled that the permission granted would operate as interim relief.
As part of the interim relief, the court stayed the remand warrant that had been issued by the Chief Resident Magistrate’s Court in Lilongwe on December 15, 2025.
Justice Nyirenda ordered that Chimwendo Banda be released immediately and without any conditions.
The court held that his continued detention was unlawful and unconstitutional.
The judge stated that the deprivation of Chimwendo Banda’s liberty violated his fundamental rights, including the right to personal liberty and due process of law.
The ruling also placed restrictions on how any further criminal proceedings against Chimwendo Banda may be initiated.
According to the court order, any criminal proceedings, whether already contemplated or yet to be instituted, must be commenced by way of summons.
This applies to proceedings arising from the same facts or any other related factual circumstances.
The interim reliefs will remain in force pending the hearing and determination of the inter partes application.
The inter partes hearing has been scheduled for January 23, 2026.
Following the ruling, Kadzipatike confirmed that Chimwendo Banda had regained his freedom on the same day.
He said the legal team had raised several grounds in the Judicial Review application.
Among them was the argument that the 30 day period allowed under the Criminal Procedure and Evidence Code had expired.
The law requires the State to either commit a suspect to the High Court for trial or release them once the period lapses.
Kadzipatike said the failure by the State to comply with this requirement rendered the continued detention illegal.
Chimwendo Banda’s case has attracted public attention due to his senior position within the ruling MCP.
Legal analysts say the ruling underscores the courts’ role in safeguarding constitutional rights.
The State is expected to respond to the Judicial Review application during the inter partes hearing later this month.
Until then, Chimwendo Banda will remain free in accordance with the High Court order.
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