In the cases, Kumwenda and Banda are challenging the decision by Chief Secretary to the Government Justin Saidi’s decision to second them to Malawi University of Business and Applied Sciences and Malawi School of Government, respectively. Following the Attorney General’s application for consolidation of the cases dated January 5 2026, Bodole consolidated the cases on January 6 while Judge Allan Hans Muhome will handle the matter. It reads: “It is ordered that the present proceeding be and is hereby consolidated with Judicial Review Cause Number 52 of 2025 between the State [on the application of] Kamkwamba Kumwenda v The Secretary to the Cabinet and Electricity Supply Corporation of Malawi that is before honourable Justice Muhome.” Kumwenda was granted a stay order on Saidi’s decision and application for leave for judicial review on December 24 by Muhome while Banda was granted the same reliefs on December 31 by Bodole in Judicial Review 53 of 2025.
Meanwhile, Muhome has set January 12 2026 at 9am to hear an application by Attorney General Frank Mbeta who is representing the Chief Secretary and Escom for an order discharging leave to commence judicial review proceedings. In his submissions before the court, Mbeta argued that Kumwenda failed to disclose material facts and has alternative remedies; hence, the court order is inappropriate. The Attorney General also argued that Kumwenda suppressed a demand for a K1.114 billion payout and, therefore, misled the court.
According to the State, Kumwenda, through his lawyers Ritz Attorneys- At-Law, sought K1 114 349 130 as compensation for what he described as constructive dismissal. Against this particular demand, Mbeta argued that Kumwenda’s own letter shows that had he been paid the sum, he would not have pursued the court action, which indicates an alternative remedy is already being pursued. Besides, the Attorney General contends that because the claim is essentially a labour dispute, Kumwenda should have taken the matter to the Industrial Relations Court (IRC), and not seek relief by way of judicial review.
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Kumwenda and Banda are among several corporate executives seconded to public universities after the Democratic Progressive Party (DPP) assumed power in September 2025. Other corporate executives seconded to Mubas include CEOs for Central Region Water Board, Blantyre Water Board and Southern Region Water Board (SRWB) John Makwenda, Robert Hanjahanja and Duncan Chambamba, respectively. Northern Region Water Board and Electricity Generation Company CEOs; Francis Munthali and Maxon Chitawo as well as Escom’s chief operations officer Maxwell Mulimakwenda were seconded to Mzuzu University as lecturers. Higher Education Students Loans and Grants Board CEO Prince Phwetekere, who was seconded to Domasi College of Education as a lecturer, twice refused to go and has since been suspended by the Chief Secretary from his position.
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