Malawi: Court Dismisses Mutharika, Muhara Application for Suspension of Costs

The High Court in Lilongwe has dismissed an application by former president Peter Mutharika and former secretary to Office of President and Cabinet Lloyd Muhara to pay court costs of K170 million in a case two wanted Chief Justice Andrew Nyirenda go on forced retirement.

Justice Kenyatta Nyirenda said the application lacked merit as it has taken three months for the lawyers of Mutharika and Muhara to make the application, saying such an application should have been made as soon as the ruling was made.

He also dismissed a contention Charles Mhango, one of the lawyers for Mutharika and Muhara that Human Rights Defenders Coalition, Association of Magistrates in Malawi and Malawi Law Society would misuse the money.

Mutharika and Muhara made an application to the High Court to suspend the enforcement of earlier Judgement by Justice Charles Mkandawire who found the two guilty and ordered them to pay costs.

In their argument, the defense lawyers argued that the K69.5 million each costs shouldn’t be paid yet as they may appeal the case.

They further argued that if paid, it will be difficult for Muhara and Mutharika to get back their money if the Supreme Court rules in their favour, saying the claimants would have spent the money by that time.

But in his ruling, Nyirenda has described the application as lacking merit and has ordered the two to pay the cost as laid out by the High court registrar.

Khumbo Soko lawyer representing the claimants said they are still waiting for Mutharika and Muhara to settle the costs.

by Nyasa Times.