By Vincent Gunde
A Malawian Law Professor basing in Cape Town- Republic of South Africa Danwood Mzikenge Chirwa, says he has never heard of a judicial review application resulting in release on bail of a detainee facing criminal charges.
On the 15th December, 2025 the Magistrate court in Lilongwe issued a Remand Warrant to MCP Secretary General Richard Chimwendo Banda on the charge he was answering in court of attempted murder on a fellow MCP member, Frank Chiwanda in 2021.
A Week later, on the 24th December, 2025 High Court judge Mzondi Mvula heard submissions from both the state and Defense team for Chimwendo Banda’s bail ruling application, the judge promised to deliver his ruling via an e-mail to the Defense team.
Chimwendo Banda’s lawyer George Jivason Kadzipatike kept on checking his e-mail box to see the message but it was not there prompting him to file a judicial review to the Malawi Supreme Court of Appeal to speed up his client’s bail application.
Malawi Supreme Court of Appeal Judge Justice Dorothy Nyakaunda Kamanga threw out Chimwendo’s bail application describing it as premature as the matter was still in the lower court which is the High Court of Malawi to give its ruling on Chimwendo’s bail application.
On 14th January, 2026 there was a notice circulating in all media platforms that High Court Judge hearing Richard Chimwendo Banda’s bail application will deliver his ruling on the matter on the 20th January, 2026.
As the message of the date of 20th January, 2026 hits the ears of many Malawians, stories started coming out from the High Court of Malawi that Judge Kenyatta Nyirenda has ordered that Richard Chimwendo Banda be released immediately and unconditionally.
Following Judge Kenyatta Nyirenda’s ruling, there have been questions without answers best explained by the learned judges themselves as the subject of the matter was that who is senior between Judge Mzondi Mvula and Kenyatta Nyirenda?
Writing on his face book page, Law Professor Danwood Mzikenge Chirwa has described Judge Kenyatta Nyirenda as the first lawman to think that it is possible for a judicial review application resulting in release on bail of a detainee facing criminal charges after a bail ruling is pending in the same court.
“Why and how has the Judicial Service Commission of Malawi not fired this man Kenyatta Nyirenda for the embarrassment he brings up on the Judiciary time and time again?” reads Professor Mzikenge Chirwa’s question on the wall.
And another Lawyer Bright Theu has written a food for thought face book page post on the wall that scandal in high places- zero regard for the integrity of the institution and its processes
