The High Court of Malawi in Blantyre has ordered Malawi Police Service to compensate a 13-year-old boy whose arms were amputated after being tortured by police officers at Misanjo Police Unit in Mulanje.
Judge Mandala Mambulasa delivered the ruling yesterday in a case where Chrissy John Lawrence sued the Inspector General (IG) of Police on behalf of the boy identified in court as JM.
Said the judge: “It is hereby declared that the serious and permanent injury and loss of limb suffered by the claimant was solely due to the treatment he suffered at the hands of the defendant [Police] by his officers’ action and inaction and that the claimant is thereby entitled to compensation by the defendant.”
Further, the court declared that the police officers’ use of excessive harsh action against the boy amounted to torture, cruelty, inhuman and degrading treatment.
Mambulasa also faulted the police officers for failing to separate the child from adult offenders and not allowing him to access nutritious food during detention.
Details of the case indicate that the matter went into court as a judicial review and yesterday it was supposed to come up for substantive hearing, but lawyer for the IG, Ndoli Chiume, told the court that they had received instructions from Malawi Police Service to seek an out of court settlement.
One of the lawyers for the claimant, Bob Chimkango confirmed the arrangement and prayed to the court that it exercises its discretion to grant the declarations his client was seeking so that the order forms the basis for the negotiations.
In that regard, Mambulasa ruled that compensation costs payable by the claimant shall be agreed by the parties but if they fail to agree, then the registrar of the High Court of Malawi Civil Division shall make assessment.
The boy was arrested on January 30 2024 for allegedly stealing K8 000 from businessperson Mabvuto Chikhwaza while herding his goats and was taken to Misanjo Police Unit where he was kept in a cell for three consecutive days with his hands tied with a rubber belt.
On May 26 2025, the Mulanje Magistrate’s Court sentenced Chikhwaza alongside two police officers Charles Mbewe and Stanley Chigaru to 10 years imprisonment for causing grievous bodily harm.
Senior resident magistrate Gift Msume also sentenced them to two years imprisonment each for neglecting their official duties. He said the sentences will run concurrently.
