Judge Kenyatta Nyirenda grants Deputy Speakers injunction to save them from suspension

Judge Kenyatta Nyirenda of the High Court in Blantyre has granted an injunction sought by have First and Second Deputy Speakers of Parliament [Esther Mcheka Chilenge and Clement Chiwaya respectively]  through private practice lawyer Frank Mbeta stopping Member of Parliament for Rumphi East, Kamlepo Kalua,  moving a motion to have  Parliament’s  two deputy speaker  suspended over their  dubious housing allowances saga.

Chiwaya:  Deputy speaker gets injunction
Chiwaya: Deputy speaker gets injunction
Deputy speaker Esther Mcheka Chilenje: Pulled a fast one with a court injunction
Deputy speaker Esther Mcheka Chilenje: Pulled a fast one with a court injunction

A motion under notice dated March 10 2016, signed by Kalua, says the two have been involved in swindling money at Parliament.

“First Deputy Speaker and Second Deputy Speaker have been involved in swindling our august House of its hard -allocated money through dubious rental claims since their election to the high offices,” reads part of the motion seen by Nyasa Times.

The motion further says the matter has brought the high office of the Speaker into disrepute and it is a regressive step in the fight against corruption in the light of Cashgate corruption scandal bedevilling the nation.

According to Kalua, recognising the importance of the House to lead in the fight against corruption and in the spirit of Section 12(1)subsections A,B,C, and Section 13(o) of the Constitution, it is imperative for the House to suspend the two Deputy Speakers.

But Mcheka Chilenje and Chiwaya pulled a fast one by instructing lawyer Mbeta to seek a court injunction stopping the motion which Justice Kenyata Nyirenda issued pending a judicial review of the matter.

The two deputy speakers were drawing millions of kwacha a year on rental allowances against their entitlements.

According to their Conditions of Service, a Deputy Speaker who resides or is privately accommodate is entitled to K250 000 per month. But if they are residing in a rented house they are entitled to a maximum of K550 000 per month.

However, the two are said to have been staying in personal houses between May and October 2014 while claiming allowances at maximum entitlement of someone staying in a rented house.

The Parliamentary Service Commission (PSC) later resolved that the two should no longer be paid K550 000 per month, but K250 000 and they have not challenged the decision. Meanwhile, the Anti-Corruption Bureau is investigating the two Deputy Speakers.

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49 replies on “Judge Kenyatta Nyirenda grants Deputy Speakers injunction to save them from suspension”

  1. If ever there were two people who needed to see their day of reckoning it is these two, Mcheka-Chilenje and her friend Chiwaya.Even a kid at montessori can see through such a silly scam like over-claiming allowances.Injunction or no injunction,day 40 has arrived guys.Time to face the music.

  2. I shall never trust Judge Kenyatta Nyirenda. He is always available for injustice not justice. I don’t understand why he is called “justice”.

  3. That’s Kenyatta Nyirenda for us. Everything which comes from this judge sounds more of jokes including election results.

  4. The last time i checked with our constitution i found out that courts has no jurisdiction of control over parliament like wise with the vice versa. It continues that all the three arms of government should not interfere with each other at any time. Anyway if there was sich a jurisdiction what reasons did the complaints bring forward to get yhe approval of an injunction did they tell the judge tha MP to table the bill had no mandate? And the judge agreed? Kenyatta is so daft to be paid money and flaut justice.

  5. That’s the stupid laws of malawi.in the uk the same happened mp were claiming money and some had to resign,only in Malawi we rush to get silly and rubbish injunctions.idiots

  6. …can the Court stop Parliament from debating a motion or bill? That sounds very unconstitutional!!!

  7. Ine mkamava zanyirenda sindidabwa coz amatenga lamuro ngati mkazi wake pano tili pabvuto chifukwa chaiyeu kodi bvuto mchiani nyirenda ndi mmwamba mulimo kapangani zofuna zaamalawi

  8. If only our leaders had the love of their nation with the ppo making it ,they atleast employ the philosophical doctrine of John Milton ,,,a servant political leader…not the Bacon’s imperialism

  9. The only problem we got in Malawi is naked law, which every criminals can rape any time. With such unrepentant judges and criminals raping our constitution Malawi will never progress.

  10. Any wonder that big cashgaters are off the hook? Gentlemen, I want to differ with you. Nyirenda is under instruction on this case. Guess who is passing the orders ….

  11. Wa Kenyatta Nyirenda, ndimwe wa Judge chara sono. Kuvikilira munkhungu uyo wakwibila Boma la Malawi. A! Tasuska dada Nyirenda. Mulandu wa Chasowa tikatenge panji mukuneneska pakukana kwimilirapo. Sono tamanya unenesko weneko. Yayi dada Nyirenda, unenesko ukubisika chara pangajumpha nyengo uli. A Chief Justice, Chilenje na Chiwaya mbankhungu lekani kwa vikilira.

  12. ACB….? Wat is there to investigate if the two hav already accepted the corrupt deed they were engaged in

  13. WOKUBA WOLEMERA AMATENGA INJANKISHONI KOMA AKANAKHALA WOSAUKA ATAMANGIDWA KALE. DZIKO NDILOKONDERA. WELL DONE KAMLEPO

  14. Why is it that when these courts of ours deal with politics they run after the masters but when it comes to ordinary cases they take years to do the job? Why are they not also lazy when it comes to the politicians like they are with us ordinary Malawians? Can someone please explain or is the simple answer merely that you never bite the hands that feeds you and the rest you treat like rubbish. Shame on you lazy judges and also shame on you their political bosses!!!!

  15. Why is it that when these courts of ours deal with politics they run after their masters but when it comes to ordinary cases they take many years to do the job? Why are they not also lazy when it comes to the politicians like they are with us ordinary Malawians? Can someone please explain or is the simple answer merely that you never bite the hands that feeds you and the rest you treat like rubbish. Shame on you lazy judges and also shame on you their political bosses!!!!

  16. how do you investigate a cash withdrawl? they iether took the money or they didn’t. my 2 year old daughter can solve this case quicker than this useless tax-eating acb. shatap!

  17. What about the money that they have already spent stolen? That’s it? It does not matter?
    Yjooooo

  18. Kenyatta be careful Malawi is watching it’s too much of you defending the wrong mind you DPP days are numbered you will regret you gave Malawi a person whom God did not choose now look what God is doing to this country and how people are suffering. 1 day you will answer before God. Now you come again supporting thieves are you OK in the head kenyatta

  19. Kamlepo ndi bigman,ngati ena alephera kupita ku parliament atayitanidwa its because of bigman Kamlepo…..akumuopa Kamlepo…

  20. Idont why a learned judge gave an injuction before the case was tabled in Parliament. What interest are u defending where is partiality. When will our learned judges be able to know between serious cases and mundilankhulitsa udyo..

  21. In all fairness the two Deputy’ Speakers should have resigned over this matter and it is a shame that the court is protecting them because I don’t see ACB acting on this matter. When we as a country are now convinced that we still need budgetary support issues like these plus the refusal to trim Presidential powers will not convince any donor to think about budgetary support even after all cashgate suspects are behind bars. Honestly I fear for the future of my children in this cursed nation.

  22. Why calling deadly thieves like these Honourable? Why Lawyers and Judges keep on defending evil beings of this nature instead of using them as examples to stop the criminal acts? You mean Malawi has gone so low that all leaders including MPs are criminals?

  23. Why this time? Is it because of died MP’s suspension. Watch out Kamu? Your days are numbered. If DPP is proud of normal parliamentary proceedings its only when these two deputies are on the driver’s seat in august house not your idiot speaker. More fire Kenyatta Nyirenda. DPP is your own government. Show them as you did on 20 may 2014. These gurunyas of Kamlepo camp have to cry and cry and cry until the are heard by their mothers. Stupid Kamulepo. That K550000 was coming through payslips. The same payslips should handle the matter. We have seen employees’s salary being deducted for such cases. No body stole the money unless if the two deputies were preparing their own salaries

  24. ACB investigating the matter? What for? The issue here is in big, black letters. Why wasting time and resources? These are known crooks who never deserve to be called honourables. Press on, Kamlepo and all who are of good will for our poor nation. And it’s Kenyatta again. What kind of a person is this man so called kenyata?

  25. Its all a matter of time; ACB will catch up with the deputies soon. We are all living under a stringent budget! Woyee Kamlepo!

    1. This is the time for Malawians to help the Kamulepo and the friends, kenyata ukutiputa ife a Malawi kumayika mbava kumbuyo…

  26. Don’t get discouraged Kamlepo. You are doing Malawi so much good, protecting Malawians’ tax from these thieves. Let’s have the juduicial review then kwinaku atimva as it will not just be their suspension but arrest and conviction aka’serve ku prison where thieves belong

  27. That’s the very sign of a society that has lost moral yardstick to know what is wrong and right. It is such acts of lack of accountability and transparency by people holding positions of influence that inculcate a culture of corruption down the hierarchy of the civil service. With that, who can take the vain rhetoric on the fight against corruption?

  28. going by commentaries of observers, it can be said that this Judge has raped the constitution with impunity. this is dangerous to the rule of law.

  29. The courts must not be so fast on interfering with matters from the floor of the Parliament. This is abuse of power by the judiciary. First, let the Parliament make a determination. Only then can the courts have the moral high ground to scrutinize the powers and checks exercised by the Parliament. Parliament is not like any other entity. It is an arm of the Government, with its own constitutional powers and its own self checks and regulation. It cannot be stopped in its tracks by another arm of government while it is in the process of performing checks and balances against any citizen including its own members. It must first conclude its determination before another arm of government or citizens or its members can constrain its exercise of its powers and application of its regulation. The judiciary is engaging in disrepute of abuse of its powers. It is akin to suspending the constitution.

  30. Parliamentgate kkk dats y one former member said no need of taking an oath coz alot of rubbish happens in parliament

  31. MAKE MBUUUU
    MWANA MBUUUU

    CORRUPTION AT ITS
    HIGHEST ORDER
    PERPETRATED BY BIG FISHES

    WHAT DO YOU EXPECT THE
    JUNIORS TO DO NOW !???

  32. Kodi Judge Nyirendayu bwanji? Is this not the same guy who made Mutharika win and refused vote recounting in 2014???

  33. Mcheka Chilenje akunyasa mwamva?? She is from a bad family background of too much mwano, and kunyoza osauka. goid will judge in 2019. Mamuna adalephera kukhala naye chifukwa cha mwano. Ku Church she is a problem, Ku Bank she is a problem and a Chiwaya wawo ndi mowa ku Mangochi kwawoku…but you get surprized to see these useless creatures in parliament….Kaya…

  34. The Law should take its course and the Kamlepo camp is right. They should be suspended, this is cashgate at its best.

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