Court orders Mutharika, Muhara pay personal costs in Chief Justice forced retirement case

Former president Peter Mutharika and former secretary to the Office of President and Cabinet Lloyd Muhara will have to dig deeper from their pockets to pay costs incurred in a case the two are accused of forcing Chief Justice Andrew Nyirenda go on retirement.

Mutharika: Ordered to pay
Muhara : Ordered to pay

Justice Charles Mkandawire has delivered the landmark ruling this Friday, a ruling which will set precedence for those in the executive arm of government to observe the separation of powers.

Mkandawire ruled that Mutharika and Muhara should settle the costs personally to the claimants who are Human Rights Defenders Coalition, Women Lawyers Association, Magistrates Association and the Malawi Law Society.

“…the respondents [Mutharika and Muhara] had acted defiantly, were unreasonable, were not prudent, acted outside their Constitutional mandate and very wanting,” says Mkandawire in his ruling.

Added judge Mkandawire in his determination: “As it was already submitted by the applicants’ counsel, the two respondents are well seasoned lawyers.

“One a professor of constitutional law. The otjer a Judge of High Court. They should have been very conversant with fundamentals of the constitution and in particular issues of separation of powers and judicial independence.

“This is a proper case where professor Arthur Peter Mutharika and Justice Lloyd Muhara should be personally liable to pay costs.

“I so order,” reads the judgment in part.

Mkandawire has ordered the registrar of the High Court to assess the costs.

Ironically, Muhara is a judge of the High Court while Mutharika is a professor of law.

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Mofolo
Mofolo
7 days ago

A very emotional judgement. There are precedents where Chief Justices have been sent on an early retirement. I do not think Muhara and Mutharika acted outside of their mandate. There was no relationship between them and one had to go. The attempt to relieve Nyirenda of his duties is nothing strange just like Malawians relieved Mutharika of his duties. Justice Mkandawire is riding on a wave of anti DPP which is like diarrhoea in the judiciary at the moment.

Nyusesi
9 days ago

Atumbuka mwafatsatu. Is this what you call justice? Koma manyazi mulibe?

Fake Petros
Fake Petros
9 days ago
Reply to  Nyusesi

Use alternative legal facts to argue your case. Otherwise your tribal insinuations just smacks sheer ignorance “empty tins”.

007
007
8 days ago
Reply to  Nyusesi

Ana adya nyama ya khomba

Dr.
Dr.
9 days ago

Adagenda ku polisi a Peter. Angamatche against ma judge! Sadati milandu ndiyosayamba. Tiyeni nawo ma lawyer ochita dzimbiriwa.

007
007
9 days ago

Why cant they Just leave our ex president alone

First fulfil the promises u made

Within 6 months of power
Oil has increased with vat

Wow what a change

20ltr from 19500 to 22600

Chillz
Chillz
9 days ago
Reply to  007

Mmmm bwana cadet, mwaphsya mntimatu mukatere kuba kukuvuta

007
007
8 days ago
Reply to  Chillz

Khani sindi ku koba moya

Koma muka bweresa khani ya kaare
Ilowa so dalama
Oyamna da losa kare tizi loosa dalamavkaviri

Ku hirra ma lawyers
Dalama ya judge
Thaawi so inongeka

Tingo siya zimenezo
Tiyambe za newone

Yakobe
Yakobe
10 days ago

Some of these rulings and judges !

Nanyati
Nanyati
10 days ago

Mkandawire is a nepotistic judge. Has never ever ruled in favour of Dpp. He has a bone to pick every single time. Muntharika and Mubarak were acting as government why would they pay from their pockets??

Mangochi Kabwafu
Mangochi Kabwafu
10 days ago
Reply to  Nanyati

Is there anything to be ruled in favour of stinking dpp? Btw, who’s Mubarak?

Nanyati
Nanyati
10 days ago

iPhone autocorrecting muhara

Isaac Mbewe
Isaac Mbewe
10 days ago
Reply to  Nanyati

Mmmmmmm, luckily we did not have nepotism in Malawi before DPP, you introduced it yrself ndiye isakuwaweni. Nyekwe is real with nepotism.

Wachiyao
Wachiyao
9 days ago
Reply to  Nanyati

You deliberately give him bones and expect him not to pick it? The question most Malawians are asking is, how did these people manage to make so many legal blunders when (not if) they are renowned lawyers? Anyway, ingowauzani abale anuwo alipire, kenako adziyembekezera ma bill ena amene tikudziwa kuti abwera ndithu. Anthuwa ndi ama blunder, zina zibwerabe ndithu.

ERUTU
ERUTU
9 days ago
Reply to  Nanyati

Stupidity kills ask Tharampu

Katundu
Katundu
9 days ago
Reply to  Nanyati

If you don’t understand some of these things leave it for big brains

Last edited 9 days ago by Katundu
Dan
Dan
9 days ago
Reply to  Nanyati

Hold that stupidity to yourself and stop waffling because your people acted arrogantly and selfishly knowing very well they were not supposed to do it, No wonder the law society questioned his actions. They have come home to roost. Next time we will not have such executive arrogance as was demostarted by the two

SMM II
SMM II
8 days ago
Reply to  Nanyati

Do you see anything that should have really favoured DPP and Mthalika? They broke the law let them pay for that

Isaac Mbewe
Isaac Mbewe
10 days ago

Mwaonatu a Muhara, ulomwe wakuphetsani, nanunso acting ngati mtchona. Mwakula mwatha. How do you feel now that the person you forced to retire is now your boss (Chief Justice). Money and Power corrupts mind really

monosile
monosile
10 days ago

Nyekhwe iyi

Mangochi Kabwafu
Mangochi Kabwafu
10 days ago

Hahahahahaaaaaaa. We have mbava bushiri’s story, then this. Yes, let nkhalamba and his friend settle the bill or lock them up.

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