ACB appeals against Judge Kenyatta Nyirenda order stopping corruption prosecution of DPP’s Makondi, businessman Kassam

The Anti-Corruption Bureau (ACB) has said it is still interested to  take  ruling Democratic Progressive Party (DPP) organising secretary Richard Makondi and his co-accused  business person Mohammad Kassam of Globe Electronics to court in a corruption case  and has applealed against an order stopping the bureau from prosecuting the two.

Makondi: Facing corruption charges

The graft-busting body failed to execute a warrant of arrest for Makondi and Kassam which was issued by the High Court  alleging that Makondi, then a Toyota Malawi employee, conspired to use the public offices of Malawi Defence Force to the advantage of Toyota Malawi contrary to Section 35 as read with Section 25(b) of the Corrupt Practices Act.

Kassam obtained a stay order from the High Court restraining the bureau from questioning him.

However, the stay order was vacated after ACB filed documents with the court on January 23 2017 and Kassam appeared before the bureau for interviewing.

ACB is pressing charges to Makondi and Kassam of conspiracy  to defraud and money laundering contrary to Section 404 of the Penal Code and Section 35 (1) (d) of the Money Laundering, Proceeds of Serious Crimes and Terrorist Financing Act.

But the two applied for leave for judicial review of the director of ACB to obtain warrant of arrest against them.

Controversial High Court judge Kenyatta Nyirenda issued a permanent order against ACB not to prosecute the duo.

But ACB chief prosecutor and deputy director Reyneck Matemba said they have  appealed to Malawi Supreme Court against Judge Kenyatta Nyirenda’s order, arguing the judge made one to many material errors in law.

“The judgement cannot reverse what had already been done,” reads the appeal arguments in part.

ACB argues that judge Kenyatta Nyirenda erred by enquiringly into a criminal matter other than according to the Criminal Procedure and Evidence Code and reviewing the decision of the ACB when the now operative decision was that of the magistrate.

The judge also ignored the fact that the decision of ACB had been legitimised by the Magistrate.

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15 thoughts on “ACB appeals against Judge Kenyatta Nyirenda order stopping corruption prosecution of DPP’s Makondi, businessman Kassam”

  1. Aphiri says:

    Kenyatta Nyirenda is the worst judge in our history . Usiwausiwa May your soul rest in eternal peace you were one of the best .tingoziti mukanakonzako a kenyatta osati anthu a usiwausiwa munthu wokonda dziko lake. Rest well my brother. Kenyatta umudziwe mwini Tambala analira katatu uja ambuye asanapachikidwe. Demet

  2. Pastor Shaka says:

    Mskondi and Kassam. Its time to repent your sins and turn to God. Even if your sin is massive but God will forgive and forget.

  3. Jelbin mk says:

    Foolish Kenyata I hate what you doing but I don’t hate u, where is a cheif justice to see these dubious judgements?

  4. David says:

    Ine ndikagwada pansi nkupemphera kwa Mulungu mwini chikondi, zinthu zimaongoka. Malawians lets pray, our God is alive. Sindisowekela kupeleka umboni. Ambuye ndi wa dongosolo, ndipo akuchita.

  5. Wadelo Gangile says:

    Koma umbuli uli pano. It seems some people just read the article heading and then go straight to the comments section. The article heading sets the tone for the comments. By now you should know that when it comes to Nyasa Times articles about Judge Nyirenda, the Nyasa Times are very economical with the facts. It sad that some educated people fall for the Nyasa Times articles hook, line and sinker. At the time Judge Nyirenda granted permanent stay of prosecution, ACB had no evidence to support the charges against the applicants. Do you want us to go back to one party era whereby police used to arrest people without evidence?

    By the way, the stay of order was about stopping ACB from issuing a WARRANT OF ARREST and prosecuting the applicants. The Nyasa Times only talks about prosecution. The deliberate omission of the phrase “Warrant of Arrest” should give you food for thought.

  6. mtete says:

    Why, in heaven’s name did Justice Kenyatta Nyirenda issue an order, a permanent one for that matter, stopping the ACB prosecuting the suspects? This is very serious and a shame to the Legal Fraternity. It raises eye brows and makes someone wonder whether there was shady dealing.

    The ACB must also investigate the Judge

  7. Matako says:

    These are the kind of judges that deserve mob justice. This judge is a disgrace to the judicial fraternity. Some one needs to pay him a visit and teach him a lesson. Corrupt rats like him deserve a bullet in his head.

  8. Zude says:

    Mtumbuka uyu is very stupid,useless and very corrupt.Amazitenga odziwa zonse,I think its in their blood because even his brother Charles,amazitenga odziwa zonse in as far as football in Malawi is concerned.Stupid!!

  9. chindindi Joseph says:

    amangidwe amenewa

  10. CONCERNED MALAWIAN. says:

    Very very questionable indeen judge kenyatta nyirenda.The whole judge instead of protecting justice you opt to turnish your image and that of legal fratenity.What a shame.We encourage ABC to persue this case.We dont mind who makondi is . No one is above the law.We want to see justice take its cause.Ndi amene sanaphuzire za law achita kudziwilatu kuti judge Kenyatta grossily errored to permanently order a close of a case involving Makondi and Kassam.Judge kenyata munalandilapo za mmanja eti ? You are not fit to be gvt judge, am sorry.ACB PLSE GO AHEAD.

  11. Dokiso Banda says:

    This article is one sided. Please tell us the reasons why Judge Nyirenda issued a permanent order against ACB not to prosecute the duo. When a judge makes a ruling he gives reasons for the ruling.

  12. nurses says:

    magalimoto akubisa ena kuno ku fatima nsanje

  13. chimanga says:

    Ndiye Kenyata amene ndimamudziwa ine…… confusionist. kaya law yake anaphunzira kuti kaya. Just part of a game. Even amene akuchita appeal awa they are just dramatising… ndi amodzi anthuwa. Thats how DPP has infiltrated everywhere and nurtured corruption

  14. Maliseni says:

    Are Judges reasonable in Malawi ?????????????????? Do we really know when to issue an injunction ?????????? Someone is suspected to have stolen from Malawians and a Judge with all senses issuing an injunction ??????????????

  15. Blessed Banda says:

    Kenyatta Nyirenda! Kenyatta Nyirenda! Kenyatta Nyirenda! How many times have I called you? How many times shall you put Malawians at ransom? God is seeing you and your motives.

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