Malawi Supreme Court stops RBM from refunding K185mil to Pakistani national: Chuka saved from imprisonment

Supreme Court of Appeal has saved Reserve Bank of Malawi (RBM) Governor Charles Chuka from imprisonment on contempt of court charges after it have an order staying the High Court ruling that orderd the central bank to refund Blantyre-based Pakistani national Muhammed Jawad K185 million ($269 970).

Chuka: Saved by Supreme Court

Chuka: Saved by Supreme Court

On April 28 2016 High Court judge Kenyatta Nyirenda ordered the central bank to refund the sum of $269 970 to Jawad.

But the central bank did implement the court order which then prompted the  businessperson through private practice lawyer Lusungu Gondwe to move the court to file a motion for order for committal to prison against  Chuka, the central bank’s general counsel and bank secretary Samuel Malitoni and legal officer Thabo Chakaka Nyirenda .

Jawad  applied for the arrests of the RBM officials for contempt of court

But central bank  challenged the High Court ruling to refund Jawad his money, arguing that Judge Kenyatta Nyirenda  did not properly apply the law to the facts and he misdirected himself.

And the Supreme Court on Friday halted the contempt of court proceedings against  the three—Chuka, Malitoni and Chakaka Nyirenda— which were scheduled for May 26.

The Supreme Court order also stayed Judge Kenyatta Nyirenda’s order to have RBM pay back Jawad.

Jawad was convicted last August on charges of illegal possession attempting to externalise money after being arrested at Chileka Airport in Blantyre when  he was found with foreign exchange concealed in his travelling bag amounting to $269 970.

Blantyre senior resident magistrate Esther Bodole ordered forfeiture of the money to government.

Jawad pleaded guilty to illegal possession and attempting to transfer forex illegally out of the country, but he pleaded not guilty to money laundering despite the count finding that he had a case to answer.

Chakaka Nyirenda said the central bank is delighted with Supreme Court ruling, saying the order by Judge Kenyatta Nyirenda would result for the country to reward a person who committed a crime.

Follow and Subscribe Nyasa TV :

Please share this Article if you like Email This Post Email This Post

More From Nyasatimes

More From the World

36 thoughts on “Malawi Supreme Court stops RBM from refunding K185mil to Pakistani national: Chuka saved from imprisonment”

  1. Nigga says:

    I have to agree with KKilembe. According to exchange control regulations, the accused is supposed to get back his foreign currency and have it exchanged for local currency at a registered forex dealer. Forfeiture orders are at the discretion of the judge. So in a nutshell, the Judge didn’t err with his ruling. It should also be noted that for whatever reasons Nyasatimes didn’t deem it necessary to report that the judge had affirmed the lower court’s decision that the appelant be fined K850,000(trying to transfer foreign currency without authorisation) and K100,000 (illegal possession of foreign currency). If anything the supreme court judge is the one who has alot if explaining to do.

  2. Khakhabada says:

    Do you know patans ?amalawi!!

  3. Dengulanga says:

    Did you EVER KNOW THAT TRIBALISM IS THE WORST FORM OF CORRUPTION?

  4. kkilembe says:

    This man had not stolen any money. His money was only in another denomination apart from the worthless Kwacha. He wanted his forfeited money given back to him. The Malawi government is the on e which is trying to steal from this indian. It is sad. He must be given back his money.

  5. Chingaipe says:

    Kenyatta Nyirenda is a very dubious judge…he needs to be investigated!

  6. Jungwanika says:

    Smell the coffee my fellow malawians. You have to look at the bigger picture. The supreme court had to save Chuka’s ass regardless of the overwhelming facts against him and the establishment. Court business isn’t straightforward as most of you think. Government will always find a way of avoiding to pay compensation or protecting its officers. The supreme court is there to do just that.

  7. Yewo Chimkhwali says:

    Most of the people that comment here are very shallow in their thinking including the writer of these articles concerning Judge Kenyatta. Once a judgement has has been passed any one in the public can access the ruling by requesting the court to give them a copy of judgement. It seems this writer, is being rewarded handsomely by someone or some people who are not happy by the presidential judgement which is was also straightforward. There was nothing to do with which party he supports but what the law says. First of all ask for the law to be changed but as it is now its very straightforward, if in 2019 we face a similar situation and a different judge takes up the case they will also rule the same, because that is what the law says unless if it changes. People out there, by now you should know that there is so many cases that pass through high court, and yet only Judge Kenyatta’s judgements are the only ones being posted on Nyasatimes. Wake up Malawians. The writer of these articles is the one who is getting loads of money for putting up such articles. Simukudya naye, mungofera zaini apa.

  8. Tit for Tat says:

    Just to remind Dr Tonde that his remarks on Kenyatta Nyirenda is out of context in the sense that the fake doctor could not draw the line between Nyirenda and Tumbuka.Why this vicious hatrade against the Tumbukas who are themselves deep-rooted citizens of this country as Chewas,Yaos,Senas the list goes on.From my authentic observations,I have seen that foreigners like Indians,Pakistans and Chinese are more tolerated by fellow Malawians,than Tumbukas or say,Northerners.Is there any particular reason other than academic and intellectual standing? If there is one,can any citizen from the South and Central Malawi mention one credible reason.If not,I must catagorically say that this is a shameful and idiotic sense of judgement that has caused untold conflicts in many parts of Africa.In short,tribalism is a “CURSE”that would ravage the whole nation within a short space of time.PLEASE LEARNED DOCTOR USE YOUR PROFILE WISELY OTHERWISE YOU ARE A JERK.

  9. golo says:

    most of you commenting here are doing so because of Kenyattas record on 2014 elections and not on the case at hand .Please understand the case before making unwarranted comments on here .It easy to see some of you are making comments out of hatred for Kenyatta

  10. Poor people land Malawi

  11. Achoke says:

    Let the lot go. Some legal personnel leaves alot to be desired. Stealing from Malawians in Broad day light

  12. Mapiyamulupali says:

    MALAWI COURT MUST BE REASONABLE AND SENSIBLE IN ITS DETERMINATIONS. ITS TIME WE HAVE TO FIRE JUDGE KENYATTA. HE HAS ALWAYS CONIVED WITH THIEVES AND GETS PAID HUGE SUMS OF MONEY. THIS NONSENCE MUST COME TO AN END.

    JUDICIAL OFFICERS MUST BE PATRIOTIC AND REASONABLE AND PREVENT THIEVES FROM STEALING TAX PAYERS MONEY. APM WE NOW MANDATE YOU TO FIRE THIS JUDGE.

  13. Roza Muroma says:

    Kenyatta Nyirenda………..whew! This country we do tolarate mediocrity too much. How does a thief, all of a sudden, have strength to claim that which they stole from the public?
    Now, Law Society are you just watching this mess caused by your own? Please protect Malawians from such vauchers of lawyers such as this Kenyatta Nyirenda.

  14. Who is fooling Who? says:

    Have you ever heard of the Gupta family? And their business relations with Jacob Zuma?
    Jawad and Kenyatta should not fool Malawians. It doesn’t require rocket science not even a simple scientific hypothesis to make an association and come up with a logical conclusion. Who is fooling who?
    Mark my words this kenyatta things and his fellow thugs will sell Malawi one day. His apparent larger than life appetite for money and fame is the most dangerous thing ever to have happened to Malawi.

  15. Ze Roberto says:

    If anyone of us has a chance to use a gun, please get rid of this corrupt Kenyata. He deserves nothing but alive bullet in the head. He is an enemy of Malawi.

  16. bishop says:

    judge kenyata rulings are questionable….. This is a criminal why rewarding him?????,ACB investigate this judge.. all money related case he takes the case and make rullings which are questionable.

  17. Ruben Kacheche says:

    I don’t undersatand Judge Kenyatta Nyirenda. You make decisions that sale the Country. If DPP is in power today it is because of Judge Nyirenda who allowed them to govern and refused to count votes. Now you allow a criminal to prosecute the Governement. Thumps to Thabo. I hope RBM will use the money wisely on essential things not campaigns. Buy maize or drugs to benefit many

  18. CITIZEN says:

    KENYATA why always you???? no wonder we are suffering & starving today when you SOLD this country to your fellow thieves DPP.

  19. Joshua says:

    Is this the same judge who made a strange judgement on Malanatha -v – FDH bank case, whose judgement was made at 9am and sheriffs pounced on FDH bank at 3pm the same day?
    Judge Kenyatta Nyirenda, you are a disgrace to the bench. How on earth do you make such weird judgements. And the judiciary, why don’t you evoke the procedures on removing a money hungry judge as judge Kenyatta Nyirenda. Mr. president please look critically into this corrupt Judge.

  20. Kenkkk says:

    This Kenyatta is a shame and an embarrassment to our legal system in Malawi. I really don’t know how and why he is still practicing, in other countries he could have been struck off or fired, never to practice again. My opinions of Kenyatta are unprintable.

    But if you look very closely here, he is not alone. He is part of a well oiled triumvirate of top dpp gurus, Asians and himself. How can a thief boldly demand the return of money he has stolen? And then a so called judge says yes please get your stolen money back? The triumvirate has all been palm oiled and were again going to share the stolen money if it had been returned.

  21. Goddiea says:

    I propose the impeachment of Judge Kenyata Nyirenda

  22. The Analyst says:

    O……………………………………………………………………………………………………………………………………………………………………………………………………………………….O
    Malawi’s justice system at it again . . .
    . . . And judge Kenyatta Nyirenda at it again . . .

    . . . Sadly, the professor of law is at ease and comfort – watching and hearing all this legal madness and does nothing (as usual). Yet a strong and functional legal system scintillated by well-defined property rights, competent judges and lawyers hence fair legal representation; is a sine qua non for a country’s financial system hence economic development (Beck et. al, 2002).
    . . . And is it not paradoxical for APM to travel the whole globe for the whole year, luring investors to Malawi yet the legal and other infrastucture are as shaky as they are non-existent?
    ……………………………………………………………………………………………………………………………………………………………………………………………………………………….
    Nanga . . .
    . . . What comfort does the supreme court find in contradicting the other court’s ruling?
    . . . And why did Judge Kenyatta Nyirenda misdirect himself in the first place; “learned” as he supposedly is?
    If indeed Kenyatta Nyirenda misled himself, shall we be accused of being Songabrucic (i.e. having unproven beliefs/theorems)?; if we begin to suspect, that the Kenyatta and the Pakistani were to palm-oil each other?
    ………………………………………………………………………………………………………………………………………………………………………………………………………………………
    Whoever, is still not convinced that Judge Kenyatta Nyirenda is a bad apple in the legal system that needs to be plucked, does not wish this country well.
    . . . Coz if you have been following him and his rulings, they are always suspicious and proven to be udulterated.
    . . . He is an enemy of justice and of progress hence this country’s development.
    . . . And whoever appointed him judge, did a great disservice to this country.
    Malawi can go miles and miles to nowhere with such a messy justice/injustice system in place, characterised by such corrupt and incompetent judges and lawyers as Nyirenda and , coupled with non-existent oversight and procedures on what to do with such people masquerading as judges and lawyers.
    . . . Sad!
    O…………………………………………………………………………………………………………………………………………………………………………………………………………………….O

  23. Kenyatta Nyirenda is the same foolish guy who sold illegal election results to award DPP victory he must be fired and arrested this stupid guy mtumbuka wopanda nzeru uyu

  24. Dr tonde says:

    Koma Kenyatta Nyirenda abale inu aash mtumbuka ameneyu watikkwana mxiew

  25. chilumba uliwa says:

    amwenye amationelera bwanji.these mwenye guys fund al-Quaeda,IS,al-Shaabab militants in d name ov importing goods aboad.thank you suprem court.

  26. Phwado says:

    Mis-Judge Kenyatta Nyirenda is rotten to the core indee!

  27. LUHANA says:

    Tchuka u have escaped jail by a nose! Congrats. The supreme court ruling has delighted me . Look, the matter involving this Asian does not essentially require a legal mind for comprehensive intepretation- in fact this money launderer deserved immediate and unconditional jail sentence coz these are the people that contribute significantly to the instability of our kwacha against the Dollar. In the same vein , chinese traders are busy externalising the same. Our police officers at our airports should be commended for the job well done. But for them to do a better job , we need a deliberate policy governing foreign direct investment so that the so called investers are tracked as to whether they bank proceeds locally or not . You will rarely see these people in our banks. Govt , wake up from your deep slumber!

  28. Chims says:

    something was terribly wrong with judge kenyatta.it reminds me of judgements that reward a criminal and proceeds are shared between the criminal, his lawyer and the judge.jawad pleaded guilty for illegal possession of forex and externalisation which means he did not have any documentation from the authority take that money outside malawi and as is the case that money is forfeited to government. why refunding it? they conspired to share it . shame!

  29. keke says:

    bravo supreme court, munthu wakuba uyu.

  30. yobu 1413 says:

    This Nyirenda from KENYA WAONJEZA, seems his superios are toothless on his face as we all know anawayika pampando ndi iye! Ngati tikunama bwanji akuteteza akuba osakhazikitsidwa nkanyumba komata?

  31. Farrid Davies says:

    Does this mean that even if am charged with theft and convicted afterwards l can claim the recoveries to be mine? The Malawi jungle with bush laws and hair raising descions.

  32. Malemba says:

    Eeh! If judges could fail to save our country like this ….. No morality

  33. Abonzi says:

    Kenyatta ameneyu ali ndi share

  34. Winston Msowoya says:

    Recentry I tried to warn Malawians of the dangers posed by Asians in our country.My comments provoked a swarm of unwarranted criticisms some even went as far as calling me a racist with an intention of creating problems for Asians.I unreservedly repeat this by saying that I stick to my points come what may.Asians are snakes in the grass and are impudent and arrogant to Africans just because they heavily control and tame the so-called leaders.For sure,our economies will never improve as long as the top leadership is in the hands of tenacious foreign saboteurs.For instance,a number of Asians have been arrested for trying to smuggle FOREX out the country,but endedup declared innocent or given light sentences after bribing corrupt government officials.Our country is loosing viable amount of Forex that could be used to buy medicines which are in desperate and atrociously shortage.Again,this is attributed to the incompetence and lack of transparency in leadership.KUDOS to the brilliantly ruling of the Supreme Court otherwise, a person who committed a crime could be the winner.

  35. sho says:

    Kenyata nyirenda is one of the worst judges i v ever seen. All his judgements put this country in trouble. He rules in favor of thieves coz he is also a thief. He made mutharika president. Dpp stole the 2014 election. But kenyata rewarded them for their theft. Now he is rewarding this bloody pakistan thief for stealing forex meant for malawians. Wat a croock you are kenyata. You bloody hell of
    a judge. But we are wstching u Mr Useless. St least we have competant judges at the suprem court
    ..

  36. chancy Matola says:

    independency of the judicial must have some limitations with our social status at heart at least, in the eyes of a lay man like me to think of our poverty levels and the actus reaus along with the men’s rear in this case,the supreme court deserves a general salute on its opinion!!!

Comments are closed.