Judge orders release of epileptic remandee jailed seven years without trial

A Malawian man who spent seven harrowing years locked up awaiting trial over his own father’s death has finally walked free — after a judge ruled there was simply no case against him.

Stevie Kalemba, 37, who suffers from epilepsy, was hauled before Kasungu Police in January 2019 after a night that would upend his entire life — one he says he has no memory of whatsoever.

His devastated family had asked him to sleep at their home that night so they could keep a close eye on his condition.

But in a tragic turn of events, his father reportedly caught him trying to leave the house — and in the chaos that followed, Kalemba was said to have pushed him to the ground.

His father later died from the fall. Kalemba, reeling and confused, was told the devastating news by his own sister — and has maintained ever since that he cannot recall what happened that fateful night.

What followed was seven long years trapped inside Maula Prison, awaiting a trial that never came, as his case languished in Malawi’s overburdened justice system.

It was only after Legal Aid Bureau lawyers stepped in to fight for his freedom that the case finally reached a dramatic conclusion.

Kalemba had initially applied for bail — but after seeing the State’s response, his lawyers made the bold decision to push for a full discharge instead.

High Court Judge Justice Mzondi Mvula agreed, ordering Kalemba’s immediate release in a ruling that also recommended he be rushed to hospital for urgent treatment for his epilepsy.

Kalemba’s astonishing release came as part of a much wider legal shake-up in Lilongwe, where the High Court also granted bail to 31 other remandees who had been left languishing behind bars on homicide charges, some for years, without trial.

The remandees were represented by Principal Legal Aid Advocates Ruth Harawa, Chanju Kondowe and Kisa Namagonya, while Justices Kalemba, Manda, Banda and Ngwira also presided over the marathon bail hearings.

In four further cases, judges ordered reception orders requiring prosecutors to submit mental health assessment reports on remandees, which will determine how those cases proceed.

The sweeping bail exercise was carried out in collaboration with the Paralegal Advisory Service Institute (PASI), with funding from Irish Rule of Law International — shining a fresh spotlight on the plight of remand prisoners left waiting years for justice in Malawi’s courts.