In a twist of events, High Court of Malawi Judge Kenyatta Nyirenda yesterday ordered the immediate release of detained Malawi Congress Party (MCP) secretary general Richard Chimwendo Banda.
Nyirenda’s decision comes as Chimwendo Banda, arrested for alleged conspiracy to murder, was awaiting judgement on his bail application and the presiding High Court Judge Mzonde Mvula had yesterday morning set January 20 2026 as the date he would deliver his verdict.
Earlier on Wednesday, Chimwendo Banda’s lawyer George Kadzipatike sought permission to apply for a judicial review against the State’s “acts and omissions” in detaining and continuing to detain his client beyond the mandatory statutory remand period.
He said in an interview that the application was based on several grounds, including that the period of 30 days which the Criminal Procedure and Evidence Code of the Laws of Malawi allows the State to detain a person before committing him to the High Court for trial expired.
By yesterday, Chimwendo Banda clocked 21 days after hearing of his bail application and 33 days since surrendering himself to police.
In his r uling on the application, Nyirenda said the granting of permission for judicial review shall operate as interim reliefs subject to the interpartes hearing on January 23 2026.
The reliefs include a stay of execution of remand warrant issued by the Chief Resident Magistrate’s Court in Lilongwe on December 15 2025 pending the hearing and determination of the said interpartes application for interim reliefs.
Nyirenda also granted Chimwendo Banda an injunction restraining the State from effecting, procuring or causing the arrest or further arrest, pending the hearing and determination of the matter.
