Judge Kenyatta Nyirenda Throws Out an Application by APM & Muhara on Legal Fees

Judge Kenyatta Nyirenda Throws Out an Application by APM & Muhara on Legal Fees

In a written judgment made on March 22 in chambers that Zodiak has seen, High Court Judge Kenyatta Nyirenda has dismissed the application by lawyers for Former president Peter Mutharika and former Chief Secretary to the government Lloyd Muhara who applied for a stay on an order to have the two pay 170 Million kwacha.

This was a claim by the lawyers of Malawi Law Society, Human Rights Defenders Coalition, and Association of Magistrates before the assessment was made by the Registrar of Courts.

In their argument, lawyers for Mutharika and Muhara, Charles Mhango, and Mwayi Banda argued that the costs were too high to be covered by their clients.

But in response, one of the lawyers for applicants, Khumbo Soko argued the costs put forth were before an assessment by the Registrar of High court.

And in his judgement, Justice Kenyatta Nyirenda wondered why it took so long for the two to make an application for the stay of the claim.

He has since dismissed it in totality with costs adding it was devoid of merit.

Mutharika and Muhara already face a K68 million bill for their role in the alleged plot to remove Chief Justice Andrew Nyirenda and Justice Twea following a ruling made on March 12.

On June 12, 2020, Muhara issued a public notice that Chief Justice Andrew Nyirenda and Twea should proceed on leave to clear their days pending retirement, a development that angered HRDC, Association of Magistrates in Malawi, and lawyers who later held demonstrations protesting the decision as an infringement of the doctrine of separation of powers.

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Last modified on Thursday, 25/03/2021

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