Immigration challenge Judge Kenyatta order to allow 4 Chinese enter Malawi: Judiciary on spot

High Court judge Kenyatta Nyirenda has put the judiciary on spot on how questionable justice delivery is delivered in the country following  his order that the Department of Immigration  should not deport  four Chinese nationals upon their arrival in the country amidst fear of the spread of the deadly Coronavirus.

Medi: Department of Immigration will challenge a court order
Judge Kenyatta Nyirenda gave the order on Thursday

But the Department of Immigration has disclosed on Saturday that  intends to challenge a court order issued by Judye Nyirenda which allowed four Chinese nationals to enter the country.

The Chinese who are feared  to have exhibited symptoms of Coronavirus, are said to be mingling with the public  following the court order.

The four were among 14 Chinese nationals who arrived in the country on Tuesday, but the Department of Immigration and Citizenship Services managed to send back to China 10 of them on Wednesday.

But  Department of Immigration and Citizenship Services director general Masauko Medi  told a news conference on Saturday that they have instructed its lawyers to vacate the order by the Judge and challenge it at the court.

Judge Nyirenda is known for controversial court determinations; among them  ruling  in favour of government to proceed with the controversial sale of State-owned Malawi Savings Bank.

He also ordered in 2014 at night  the release of results of the country’s disputed presidential elections and refused  a recount.

The present court order  granted by Justice Nyirenda has  put the judiciary on spot over controversial orders.

It was  obtained by Lilongwe-based lawyers, Wilkinson & Associates.

In his order, Justice Nyirenda  forced the Department of Immigration to remove the four from quarantine at Kamuzu International Airport (KIA) and allowed them entry into the country.

China, the first nation to register coronavirus cases, started enforcing a 14-day quarantine on all international travellers arriving into that country, and almost all countries, including Malawi, followed suit.

But in this case, it means Malawi, owing to this court order that was granted without the court hearing from Immigration or the Attorney General (AG), failed to enforce the restriction on these four Chinese as they only stayed in quarantine for two days.

Nyirenda granted the injunction without hearing from the director general of Immigration and AG, first and second respondents respectively, advising them that should they want to have the injunction varied or discharged, local lawyers for the Chinese nationals must be notified 48 hours beforehand.

The judge stated the injunction was valid up to March 26 2020 the same day an inter partes hearing will be held on the case.

Meanwhile,   President Peter Mutharika on Friday declared a State of Disaster  with new measures which include a travel ban for foreign nationals from countries highly affected by coronavirus disease. However, Southern Africa Development Community (Sadc) countries are exempted.

The coronavirus was first reported in the city of Wuhan in China on 31 December 2019. Within the past three months the virus has spread at a fast rate in Europe, Canada, the United States and Africa.

Some of the affected African countries are within Malawi’s proximity such as South Africa.

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71 replies on “Immigration challenge Judge Kenyatta order to allow 4 Chinese enter Malawi: Judiciary on spot”

  1. Questionable? Who? I mean which arm of government, executive, judiciary or legislative?
    Fact is, we face a precarious epidemic crisis, but we have also a serious political crises!
    It appears to me, as if there is a blame game going on between executive and judiciary and we know the background!
    But this is the last thing we need. Right know we need all stakeholders to but their feed on the ground and tackle this crises for the benefit of all Citizens of this country in both crisises!

  2. This is an issue the loud-mouthed Mtambo and his so called Human Rights Defenders Coalition should be talking about.

  3. A Kuluwa ndiye ife tatopa nawo and this is too much for him. Will people respect his rulings now.There are no Judges enough in Mzuzu send him there. How old is this man because I have not seen him really.He deserves to give respect and mature himself for himself or retire him. Definitely one cannot be comfortable when his/her case is handled by such high court judges and one is not rely much of the outcome. The Court officers should be exemplary to anything because thus the second home of justice after Church though it does not take place there. And you can imagine yourself mid-night Judgement ?

  4. Let us understand the country where these 4 Chinese people are coming from. It is sad to learn that the High Court Judge quashed what the Immigration officers said and 48 hrs is too long to spread the disease. This means that all the effort by muthalia regarding corona virus is nothing to Mr Nyirenda. Many people talk about his transfer to Lilongwe and not post him to Mzuzu if this is the case.

  5. Mtambo are you around? Is HRDC around? Is this not a Fundamental Human Rights issue, the right to live / life Finaciers of HRDC are you there? The love of money is the root of all evil. If this was to the advantage of opposition politically, Mtambo, Chakwela and Chilima could have risen for demos. God have mercy for our poor Malawi!!!

    1. Poverty is the root of evil bro, and the HDRC they can’t fight for this issue what they no is demo for Politics not life the people inMalawi

  6. Get all the Facts please ….Who gave them Visas paja as early as 7 th March a Immigration mumati there will be restrictions ….are they residents or they were visitors ….are residents and visitors treated the same Way when it comes to quarantine …Cadets are Busy Painting the Judiciary Black …Sinanga mbuyawo anatogwa Nayo … I said the Other day that Democracy in Malawi would die the Day the Judiciary and the Army will be Captured by these People …. Tizizati kupita ku khothi Nyekhwe …Tiyende pa Nseu anzathu Ena aja Nyekhwe ….Mose mutazaza ndi ma Yes Men ….

  7. Mr Medi is a slimeball. During the press conference he insinuated that his department was arranging return tickets for ‘the 4’ yet during the interview with the Nation Newspaper the dept’s spokesperson went on record to say ‘the 4 had to buy their own return tickets. Which is which? It’s either Mr Medi doesn’t have a handle on things at his department or he was just grandstanding during the presser.

  8. Looking at the comments it wud appear that the facts could be incomplete. NyasatimeS can u make a proper probe into this matter so that we have an article that fairly reflects the issue

  9. That’s not surprising considering our judiciary relies on kasambara’s Facebook posts. If Ralph kasambara posts about pre-order bail our judiciary copy and paste on its judgment for mtambo. If kasambara posts on Facebook about reinstating chilima, our judiciary does exactly as posted. Our judiciary cannot afford to lock up kasambara

    1. Kasambara is one of intellegent and wise people in the world. You know wisedom is unique thing .
      Honesty kasambara is blessed with intelligence

  10. Pathological desire by the judiciary to shame the current government is what is driving our judges to make stupid rulings. What the incompetent judges are forgetting is that it is our lives and country that is at stake.

    1. Bodza limenelo akulu. What you should know is that court rulling will never be fair until it is done in your favour

  11. HIV-AIDS ravaged Malawi because those in authority never took heed of advice coming from countries that had infections. The result was we lost our loved ones. So many of them. Shame on our corrupt judges.

  12. It is the VISA issue. The immigration officer issue some irregular VISA letters. When these Chinese reached KIA, the KIA immigration officers refused to give them VISA sticker,and deport 10 among 14 ppl. The following day, the Chinese ppl took the matter to the court. It is nothing concering the corona virus.

    1. FOTSEKI. What a pathetic argument. How can it NOT be a corona-virus issue when there is a restriction on people coming from infected countries to be in quarantine. Are the Chinese nationals in quarantine? Has the judgement from the stupid and corrupt judge not led to the 4 Chinese to come out of quarantine? Do not back these corrupt judges. Corona-virus is not a joke. Italy, a country with the most advanced hospitals has just registered about 800 deaths today. FOTSEKI

    1. You don’t have full facts of the story apart from the commentary which the reporter has given you.

  13. Kodi aNyirenda. Matendawa akalowa inu nomwe ndi abale anu atha kufa. Palibe akupita kunja kukapeza thandizo. Mutha kufa ndalamazo zili mmanja. Zowona mungalolere kuphetsa mtundu wa aMalawi. Mwaganiza bwanji

  14. Kenyatta Nyirenda are you serious? Do we need an ”exit strategy”-a way of lifting the restrictions and getting back to normal? No!!!!.Not this time around.Bear in mind societal challenges the virus has caused.

  15. Before we went on to insult the judges, who should really do the quarantine of sick people, the immigration department or Department of Health. Are immigration guys well trained medical professionals to monitor and handle coronavirus infected people? Malawi is a very big joke. If they suspect anyone to be sick please hand him or her over immediately to the health professionals to monitor him or her.

    1. My brother Department of Health does not have a mandate to Deport people, its the Immigration. All the Countries in the World are guarding their Borders against individuals from CORONA affected Countries, there is no negotiations about it, infact Ministry of Health officials are present at all international Airports of KIA and Chileka so what are you trying to say here?

      1. SAUNDERS, You are very confused. Kandulu has a valid point. Which Country in the world is guarding her port of entry by deporting Visitors? These Countries you trying to mean had sent out communications to affected countries banning entry. You a fool because the issue at hand was about VISA, by the way all Chinese nationals not live in china and not all of them are affected.

  16. Does the immigration department have the experience to asses the symptoms. Was there any health officials at the airport using therrmoeters

  17. I always find it inappropriate to comment on an issue where i do not have all the facts.
    However, Corona virus was declared by WHO as a Pandemic. In China it has killed over 3000 people and in Italy the number of deaths has reached over 4800. These two countries are rich countries but we can see the calamity caused by COVID 19 as families lose their relatives. My sympathy goes to all those families.

    If it is true that a judge allowed people who tested positive of covid 19 into the society, it is very reckless and irresponsible. Those foreign nationals should have been in a quarantine for a period of 14 days or more depending on their treatment and recovery.

    if someone dies of covid 19 who has been in direct or indirect contact with the alleged chinese national, Such a judge can be dragged to court for causation of death. A manslaughter charge can be initiated.This is a step into criminal Law .

    Unlike the bill amendment which requires 2/3 to pass as a safeguard to be compatible with the constitution, removal of a judge after the president has initiated his/her removal, the national assembly would debate the matter of his removal and only a majority of votes is required for his/her removal. In other words a high bar of 2/3 is not required.

    Judges can be removed on grounds of incompetence! This is no in anyway a suggestion for his removal but citing what the law states in this area,.

  18. When Malawians soon start dying of Corona Virus Disease, we will pour their blood on this stupid judge and his tumbuka tribesmen who educated him wakwithucally and brought their native thengere logic to the judiciary.

  19. actually their have no any new corona virus in Wuhan from this week, Chinese haven’t bring corona virus to Malawi even Africa for the past two months, even Kenya media praise the china government and Chinese communities last week said all corona virus patient were found in Africa countries, none of them come from china, your can surprise it but that’s truth.

    1. China is still registering cases of infections – read the news. Lower than before. But it will take only one infected person from China or elsewhere for the whole Malawi to be on fire. Just look at what is happening to Italy and Spain.

  20. I’ve time and again pointed out the dire performance of our Judiciary. Although not all of them are sour grapes but a good example in time is from what has been reported. Where in the world is any sane person playing hide and seek with the deadly virus for the sake of money (mbongo in Lingala)?

    If people try to act clever it doesn’t take long before they are caught red-handed with their pants down. Desist from playing with God’s creation. Next judgement will be on the sceptical judgement following the taunted ‘Constitutional’ aftermath. What God has put in place no mortal human being will succeed in putting it asunder. It will be laughable and indeed very interesting to witness the hunter being hunted and ending up incarcerated big time. Don’t say you were not warned.

  21. Mr. Medi hide the truth, I heard that its not matter of corona virus issue, that day all people arrive kamuzu airport, no one show any symptoms of corona virus, otherwise it should be minister of health will order them return back, and those four also can be test due to their are still in Lilongwe, that plane have 24 Chinese and some other travelers from Italy,UK and some seriously affected countries, but their only select those 14 Chinese travelers whom all were hold Visa letters enter into Malawi.

    1. People like you are the ones who are clapping hands for corrupt judges to destroy our country. STUPID.

    2. Mr Charles, kukukhala ngati kuti muli ndi chidwi chokhala nawo mu zokambira za patsamba lino koma chizungu chomwe mukulemba sichikumveka bwino bwino. Zotsatira zake ndizakuti enafe sitikumva zomwe mukufuna kunena.
      Ndimati ndikupempheni kuti ngati nkotheka muzimgolemba mu chichewa kapena chiyankhulo chomwe inu munazolowera kuti anthu ena amve kusiyana ndi kuti tonsefe tisamve.

  22. I appreciate that Corona virus isn’t something to play with but it’s time our writers stopped telling us crap. The writer here has deliberately ignored some facts of the case just to sensationalize it. I have been privileged to have a look at the so called ‘controversial judgements’ by judge Kenyatta. I think he has been spot on all of them. If they were controversial as the writer puts it those judgements could have been reversed, instead they have been upheld. It saddens me that the writer doesn’t even know the facts of the matter of the presidential case in 2014. Issue was whether courts could extend the 8 day period btwn polling day and when results are announced for a recount to which he said ‘courts aren’t there to make laws, there is no provision in the constitution for an extension.’ Case closed. Kumazisata osamangolubwalubwa.

  23. It is a systematic move to question the judiciarys stand. He wants to degrade n embarrass the judiciary

  24. The story is about corrupt kenyatta Nyirenda but why are you are showing a photograph of masauko medi. We want a photograph of this corrupt judge.

  25. He is the judge but an idiot and stupid!!Which country on earth can accept foreigners with symptoms of Coronavirus to enter in their country.By the time, the stupid malawi laws will be coming to their senses, these Chinese would have contaminated thousands of poor Malawians and waiting to die because of someone’s selfishness. Mob should get these four Chinese and throw them out of the country before it is too late.

  26. I respect the court koma apapa pokha nde mwapala. This won’t save the nation. R there ethical considerations when making up a judgement

  27. Many people can say they have NO respect for the rulings of our judges at all levels – supreme court, High Court (including Concourt) and magistrates. Has Judge Kenyatta Nyirenda and his boss (Justice Andrew Nyirenda) seen how many people are dying in Italy? 600+ in one day. Does the High Court want this to happen to us. In Spain, they have just had 329 deaths in one day. Stupid judiciary. You have no thread of integrity left. Shame on our courts.

  28. Were we not told that judges know better when Concourt gave its ruling. Judge Kenyatta Nyirenda has just shown that our judges do not have the best interest of our country. They are stupid and myopic. We should not take their judgement seriously. If Corona-Virus was to infect our country, would our hospitals manage. How many of us will end up dying. Having seen how HIV-AIDS devastated our country, I can say the judiciary has lost its credibility.

    1. Go and challenge the order osamangonyoza , whe Kenyatta delivered justice in favour of DPP he was a good judge pano he is not you twist his stories….go and challenge the issue

  29. It clear judges are making their ruling because they are against government. As Malawians, we need to stand up to these biased and corrupt judges.

  30. we keep in quarantine our on national football coach who does not exhibit symptoms and is coming from a low frequency country and let the Chinese mingle with us. i wish i had an opportunity to know what these lawyers learn in college.

  31. Another judge who has given judgement to over-rule government. Malawians can see for themselves that our judges hatred of government is the major thing guiding their decisions and how this is destroying our country.

  32. Stupidity. Compromising the lives of 19 million people because of chibanzi. Can’t you see what is going on around the world.

  33. Where are the real human rights defenders now. Tifa ngati ntchentche because of greedy people in our country. When we say our leadership is greedy, it’s a reflection of the people in the country. Izitu izi.

    1. The so called human rights defenders are all Tumbukas like me Reverend Nyondo, Timothy Mtambo, Benedicto Kondowe, Charles kajoloweka, Moses mkandawire, humpreys mvula, George Phiri. We cannot condemn our own Nyirenda. If he was a Chewa we would have organised a demonstration against him!!!!

  34. I have not seen any corruption in all this. Nations are governed by laws and not whims. Mutharika directed some measures just yesterday, therefore, where was the mandatory quarantining by immigration officers coming from? No authority in Malawi had decreed the same. This would be binding from yesterday when Mutharika declared state of disaster although without national basis.

    1. If that’s the case why didn’t he conduct an interparty hearing before issuing the injunction!!! Why ex parte injunction? Please don’t defend blatant stupidity. People will question your thinking capacity.

  35. Kenyatta is an example of ConCourt type of corrupt and idiotic judges that we now have in our judiciary. They are there to pocket money and have no regard or brains to think about a case critically and give fair rulings for our country The judiciary is being humiliated everyday due to judges who are incompetent.

    1. ConCourt? Excuse you? So jusctice is when it goes in favor of Peter only? Nyirenda is not reading what the laws states from his ass like you he has the constitution at bay maybe check with your dumb MPs to amend some staff first so Nyirenda can deny the rights of these Chinese entry straight ahead for all he cares he can also be in trouble for either outcome

    2. Ukunama he is an example of that Zomba magistrate judge Who put money first.To Judge Kenyatta please don’t do things that will put Malawians at risk.Those Chinese people should not be allowed to enter Malawi.Be tough enough on this one. Other pple they like to take some situations lightly. Not with this coronavirus.Yesterday south africa had 202 cases and today the cases have increased to 240. Peter Munthalika stop these international flights please please please.There is no criminality in preventing citizens of your country from this virus .Why has God kept that country up today without cases of coronavirus? It’s afavour, I should repeat to Munthalika stop all international flights to Malawi, allow only planes with medication.Or close all airports.Prevention is better than cure.Anthu akuvutika ndi umphawi ndiye muwabweretserenso coronavirus, that’s bad.If those 4 Chinese were Malawians trying to enter China with ebola , they would not even to go to court.Other countries they put their citizens first,I don’t know why Africans they fail to do the same.Protect owners of the land first.Even if some one from Italy comes and wants to enter Malawi deny him/ her entry. Immigration officers that’s great, keep that way,You have just saved some Malawians from getting this coronavirus.I think most of malawians including the judge himself do not have enough information about this desease.Google coronavirus in China, Italy,USA,Iran, south africa and the whole of Europe as a continent you Will be shocked what coronavirus is doing to mankind.Italy is on lockdown.The concourt judges were intelligent and MEC and DPP failed to bring evidence, that would show that the election process were clear and square.Tippex was the weapon that destroyed the MEC and Dpp.Do not hate the concourt judges because you are a cadet.Be a malawian, who wish Malawi better things, don’t wish Malawi to continue to be in poverty.Agogo awone umphawi,makolo ako awonetso umphawi,iwe uwone umphawi,mwana wako awonetso wake umphawi ndipo chidzukulu chako chidzawonetso umphawi.Kusaganiza bwino.

    3. This is the same judge who granted petulo the seat on silver platter, his decisions are questionable indeed as they are not good for Malawians! 😁😁

  36. When some of us said our judiciary is corrupt and incompetent many people did not believe this. How can any judge allow Chinese nationals to enter our country when rich countries are having to many people dying and struggling to contain the spread of Corona-virus. Countries around the world have imposed travel bans.

    1. Take this example of judge Kenyatta to world out there. And let the world judge Malawian judiciary and justice on its integrity.
      Judges of your caliber, need to go…. …. And find… … … W F

      1. And that maybe Kenyatta is from Thyolo, Mulanje or maybe Phalombe.
        Where is CHIRWA. to criticize the Immigration officers
        CHIRWA please; criticize DPP for denying entry of these 4 Chinese Nationals

    2. its the laws that needs to change MPs sleep too much!! Nyirenda simply follow his law book!!

    3. For the ban to be effective, government needs to work with the airlines. The airlines need to be told that they will be responsible for the return air ticket if they bring someone from China or Italy. The judge did not do anything wrong here. Since the 4 Chinese Nationals didn’t have return air tickets, they are going to self-isolate for 14 days and the Chinese Embassy will be monitoring them. There are no facilities for Quarantine at KIA.

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