By The Forum

The High Court in Lilongwe on Wednesday ordered the immediate and unconditional release of Malawi Congress Party (MCP) Secretary General Richard Chimwendo Banda from police custody.

Chimwendo Banda, who is accused of attempted murder in a case involving Frank Chiwanda dating back to 2021, had been on remand at Maula Prison for about a month.

Before his release, his lawyer, George Kadzipatike, filed an application for judicial review in the Civil Division of the High Court, arguing that the State had exceeded the 30-day detention period allowed under the Criminal Procedure and Evidence Code before committing a suspect to the High Court for trial.

In his ruling, Judge Kenyatta Nyirenda granted leave for judicial review and issued interim relief staying the remand warrant that had been issued by the Chief Resident Magistrate’s Court in Lilongwe on December 15, 2025. He ordered Chimwendo Banda’s immediate release.

“Pending the hearing and determination of the inter partes 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,” Nyirenda ruled.

The judge further directed that “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.”

Justice Nyirenda has since ordered that an inter partes hearing be held on January 23, 2026.

The ruling comes as the court is still awaiting a decision from another High Court judge Mzonde Mvula on Chimwendo Banda’s separate bail application, which has yet to be delivered.

The Forum will continue to monitor the case and provide updates on its implications.

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