Parliament has asked Inspector General of Police Richard Luhanga to release Dedza Mlunduni legislator Moses Kunkuyu in respect of the immunity members of Parliament (MPs) enjoy during conduct of parliamentary business. He was later arrested and charged with inciting violence during the funeral of ex-First Deputy Speaker of Parliament Madalitso Kazombo. But in a letter to police dated January 19 2026, Clerk of Parliament Fiona Kalemba said the Parliamentary Committee on International Relations where Kunkuyu is a member, is currently meeting; hence, the legislator should be freed.
She highlighted Section 60(1) of the Constitution which provides that the Speaker, every Deputy Speaker and every MP shall, except in cases of treason, be privileged from arrest while going to, returning from or while in the precincts of the National Assembly. Kunkuyu’s lawyer George Kadzipatike said it was concerning that his client had yet to be released yesterday. National Police spokesperson Lael Chimtembo referred The Nation to his deputy Alfred Chimthere for comment.
However, Chimthere did not respond to our query. Luhanga also referred us back to the public relations office, but there was no response by press time at 9pm. Meanwhile, University of Malawi (Unima) professor of law Garton Kamchedzera has said Kunkuyu was privileged from arrest while going to or returning from the National Assembly or if he is in the precincts of the National Assembly.
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“If the Police have arrested him as he was going to the National Assembly, as his lawyer is saying, it underlines the trend that arresting authorities are arresting people, especially MCP leaders with impunity,” he said. Earlier, private practice lawyer Benedicto Kondowe said the scope of constitutional privilege under Section 60 (1), is further clarified by the National Assembly (Powers and Privileges) Act.
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