The High Court has refused to vacate the injunction which restricts the Ombudsman from officially releasing a report that nullifies the appointment of Henry Kachaje as Malawi Energy Regulatory Authority (MERA) chief executive officer.
High Court Judge, Justice Kenyatta Nyirenda, has made the ruling following an application by the Ombudsman to discharge the injunction.
Nyirenda has also dismissed an application by the Ombudsman to discharge permission for judicial review which MERA board was granted.
Nyirenda said the Ombudsman’s argument that the injunction was wrongly granted lacks merit. The ruling means the injunction may only be vacated after a judicial review on the issue.
Ombudsman Grace Malera was served with the injunction on 10 November in Lilongwe after she had already started presenting to the press the investigative report into the irregular hiring of Kachaje.
The report, which had already been shared with various stakeholders at the time, faulted MERA board for hiring Kachaje to a position that requires a master’s degree when Kachaje had no master’s degree at the time he was being offered the job.
The report further directed MERA to nullify the appointment of Kachaje and withdraw his contract and benefits.