By Chisomo Phiri
The High Court in Lilongwe has dismissed an application by the government seeking to stay execution of an earlier judgment that nullified the redeployment of five senior Malawi Defence Force (MDF) officers into the civil service.
The application was aimed at suspending the court’s ruling pending an appeal.
However, in his decision delivered on April 13, 2026, Justice Kenyatta Nyirenda found no merit in the request.
Nyirenda agreed with submissions by lawyer Alan Chinula, SC, who represented the MDF officers, that the government had failed to demonstrate valid grounds for a stay of execution.
He noted that the application did not show that the appeal would be rendered ineffective if the ruling was implemented, and further observed that it contained inconsistencies.
Said Nyirenda:“All in all, the application by the defendant for an order staying the proceedings herein pending the hearing and determination of an appeal against my judgment lacks merit.Accordingly, the application is dismissed with costs to the claimant.”
The ruling follows an earlier judgment delivered on February 12, in which Justice Nyirenda declared the redeployment of the officers unlawful and unconstitutional.
The case involved five senior MDF officers Major Generals Chikunkha Soko, Saiford Kalisha, Swithan Mchungula, and Kakhuta Banda, as well as Brigadier General Harold Dzoole.
The officers had been assigned to senior security roles in several State-owned enterprises, including the Electricity Supply Corporation of Malawi (ESCOM), National Oil Company of Malawi (NOCMA), Agricultural Development and Marketing Corporation (ADMARC), and Electricity Generation Company (EGENCO).
