The Judiciary has granted High Court of Malawi Commercial Division Judge Kenan Manda his wish for an extended leave pending the conclusion of investigations into allegations of his professional misconduct.
Judicial Service Commission ( JSC) secretary Ireen Chikapa and High Court of Malawi and Supreme Court of Appeal chief registrar Innocent Nebi confirmed the development in separate interviews.
Chikapa said the judge requested to go on an extended leave to pave the way for investigations after issues surrounding his conduct built up.
JSC started investigating Manda and other judicial officers on allegations of misconduct early February this year after meeting three times to classify the complaints it received from the public.
Said Chikapa: “He applied for an extended leave to pave the way for investigations and it was approved, so he is not working, he is outside the office on an extended leave.”
However, she said she could not divulge further information on the extended leave as it was handled by the Judiciary as the commission was only briefed about his request and the approval.
On his part, Nebi explained that the judge requested the Judiciary to stop assigning him any duties and to proceed on the lengthy leave which was duly accepted by the Chief Justice.
“Judge Manda requested Judiciary that with the issues surrounding his integrity, it will not be in the best interest of the Judiciary to continue handling cases and reporting for duties.
“So, his application was approved that he must proceed on that extended leave but as to the exact date when he made that application and when it was approved, I will require time to check in the files,” he explained.
The commission announced a special investigative process which it indicated would be completed within four weeks.
According to Chikapa, JSC reviewed 26 complaints and four of these qualified for further probe while others were either returned to the complainants, dismissed entirely for lacking evidence or temporarily suspended.
But when asked about the way forward, she said the commission would meet for a comprehensive review to determine how to deal with the complaints that have qualified for further investigations.
Last month, the Malawi Law Society (MLS) urged the commission to expedite its investigations following a plea made by private practice lawyer and corruption whistleblower lawyers’ body to represent him in a defamation case where the judge is demanding K250 million in damages.
Kamangila’s request to MLS stemmed from an application made by his lawyer, Gift Dick Chimowa, who asked the High Court to allow him to stop representing his client in the case due to alleged threats on his life.
In a letter addressed to MLS, dated February 20 2025, Kamangila asked for legal assistance and advocacy for private security for his family, Chimowa’s family, and everyone associated with him.
“I plead that, in the circumstances, the MLS committee on litigation/ research should be retained for this case. In that way, counsel involved in the litigation will be protected from personal attacks or attacks on their family or businesses,” reads part of the letter.
But in an interview with Weekend Nation, Kamangila, who is currently studying for a PhD in Ireland, described Manda’s extended leave as a positive move in as far as justice is concerned.
Kamangila said he also got unconfirmed information that Judge Manda went on leave pending investigations.
He said: “I think this is positive news, a great victory of a battle in the bigger war.
“Where your investigation is being conducted, rules of natural justice and the adage that justice should not only be done but should be seen to be done, demand that the one being investigated be relieved of their duties to pave way for free investigations. This requirement is even higher for judges/judicial officers whose standard on trust of the people is high.”
Kamangila, however, said it was sad and worrying that the Judiciary or the commission facilitated the sending of the judge on leave without informing the public.
He also disclosed that MLS was yet to respond to his request for legal assistance but said the society needed to seriously consider Section 42 of the Constitution on the right to legal representation and take up his case as an institution “because that’s the only security I have as the corrupt can’t attack an institution”.
Said Kamangila: “If I instruct another lawyer, then they will also attack or threaten that lawyer. But again, apart from the attacks and the threats, I already have limited choice of counsel due to potential counsel’s involvement in corruption or being a beneficiary thereof or indeed just an innocent conflict of interest.
“MLS can’t ignore how significant this defamation claim is to freedom of expression, the power to govern and right to legal representation, all enshrined in our Constitution.
“My final comment is that corruption has never won and it won’t win this time. In fact, what is being awaited is a moment of reckoning, the crowding of justice as the victor and that will change the trajectory of this country.”
As we went to press, MLS had not responded to our inquiry on Kamangila’s request for legal assistance.
Meanwhile, Centre for Human Rights and Rehabilitation (CHRR) executive director Michael Kaiyatsa has said while placing Judge Manda on an extended leave may be seen as a procedural step to allow for an impartial investigation, the move raises concerns about transparency and due process within the Judiciary.
He agreed with Kamangila that the Judiciary had a duty to publicly explain the rationale behind the decisions.
“Without clear public communication, such actions risk being perceived as arbitrary, selective, or even politically motivated,” said Kaiyatsa.
On the ongoing investigations, he said it was important to note that the handling of judicial misconduct cases in the country had often been marked by lack of transparency and delays, which erode public trust in the justice system.
Kaiyatsa said while accountability within the Judiciary was critical, there was a concerning pattern where investigations into allegations of judicial misconduct take too long or remain inconclusive.
He said: “If the Judiciary and the Judicial Service Commission want to demonstrate true commitment to justice and accountability, they must ensure that this investigation is conducted swiftly, transparently, and fairly.
“A lack of timely resolution in such cases not only affects the implicated, judge but also has wider implications for public confidence in the rule of law. This case highlights the urgent need for stronger institutional safeguards to ensure both judicial accountability and judicial independence.”
Kaiyatsa also said the Judiciary needs to implement reforms that provide clear guidelines on handling allegations against judges to prevent undue influence or manipulation of the process.
Kamangila opened a Pandora’s Box by levelling allegations against Manda, other judges and the Judiciary in general while a group of 11 women lodged a complaint with the office of the Chief Justice against child justice magistrate Diana Mangwana.
