By Chisomo Phiri
The High Court’s Civil Division in Lilongwe on Wednesday ordered the immediate and unconditional release of Malawi Congress Party (MCP) Secretary General (SG ) Richard Chimwendo Banda, citing unlawful detention beyond the legally prescribed remand period.
High Court Judge Kenyatta Nyirenda issued the order after Chimwendo Banda, through his lawyer George Jivason Kadzipatike, sought leave to commence judicial review proceedings against what he described as the State’s acts and omissions in detaining him beyond the mandatory statutory remand period.
In his ruling, Justice Nyirenda granted permission for judicial review and ordered that the decision should operate as interim relief, including a stay of the remand warrant that was issued by the Lilongwe Chief Resident Magistrate’s Court on December 15, 2025.
He further ordered Chimwendo Banda’s immediate release, stating that his continued detention was unlawful, unconstitutional, and in violation of his fundamental rights, including the right to personal liberty and due process of law.
Justice Nyirenda also directed that, pending the inter partes hearing of the interim relief application, any criminal proceedings against Chimwendo Banda whether arising from the same or a different factual matrix must be commenced by way of summons rather than arrest.
The inter partes hearing has been scheduled for January 23, 2026.
Kadzipatike later confirmed that Chimwendo Banda was released from Maula Prison on the same day.
“We filed a judicial review application before the Civil Division of the High Court on several grounds, including that the 30-day detention period allowed under the Criminal Procedure and Evidence Code had expired without the State committing him to the High Court for trial,” said
Chimwendo Banda was arrested on the same day as former President Lazarus Chakwera’s running mate in the September 16,2025 general elections running mate Vitumbiko Mumba was arrested,a move the MCP described as political persecution by the current Democratic Progressive Party (DPP) administration.
The former Leader of the House is accused of attempting to murder Frank Chawanda in February 2021 and had been on remand at Maula Prison in Lilongwe since December 29 2025, after being discharged from the hospital.
