Judge finds Mutharika’s nurses’ boss appointee wasn’t even qualified for the job

The courts have once again dealt a blow to President Peter Mutharika’s administration, with the High Court in Blantyre nullifying his appointment of Chrissy Kamwachale as Registrar and Chief Executive Officer of the Nurses and Midwives Council of Malawi.

In a judgment, Judge Edna Bodole ruled that Mutharika’s April 30, 2026 decision to appoint Kamwachale was unlawful, procedurally unfair, unreasonable and made without legal authority — dealing yet another judicial setback to the President’s string of controversial appointments.

The court declared the appointment “void ab initio,” meaning it was invalid from the very moment it was made.

Bodole delivered her ruling in Judicial Review Case Number 22 of 2026, after both Mutharika, named as first defendant, and Comptroller of Statutory Corporations Stuart Ligomeka, the second defendant, failed to file any defence — meaning the case proceeded entirely without a hearing.

The judge further found that Kamwachale did not even possess the qualifications required for the role, and issued a permanent order restraining the defendants, along with anyone acting under their authority, from implementing the appointment in any capacity.

“The defendants’ decision of April 30 2026 to appoint Chrissy Kamwachale as Registrar and chief executive officer of Nurses and Midwives Council of Malawi is quashed, the same being ultra vires, unlawful, procedurally unfair, and unreasonable,” the judgment states.

The case was brought by the National Organisation of Nurses and Midwives, alongside the Association of Malawian Midwives, who jointly challenged the appointment and raised serious concerns over the legality of the entire process.

Efforts to resolve the dispute outside of court also collapsed.

Talks scheduled for July between the applicants and the Ministry of Health and Sanitation never took place, with the applicants accusing government of failing to take the matter seriously.

The ruling not only strips Kamwachale of the position but casts renewed scrutiny over how key public appointments are being handled under the Mutharika administration.

Crucially, the judgment means the appointment cannot be quietly salvaged or reinstated through any administrative workaround — the court has ruled it unlawful from the outset and expressly barred government from acting on it in any way.