The High Court has stopped the planned relocation of the Malawi Electoral Commission (MEC) from Lilongwe to Blantyre, handing the opposition Malawi Congress Party (MCP) a significant legal victory against President Peter Mutharika’s controversial Executive Order issued in October 2025.
Justice Kenyatta Nyirenda granted an interlocutory injunction restraining MEC and other authorities from taking any further steps towards relocating the electoral body until the court determines a substantive constitutional challenge against the move.
The ruling follows an application filed by MCP alongside three individuals, Emmanuel Chambulanyina Jere, Abraham Mwakhwawa and Daniel Mwanyongo Chitonya, who are challenging the legality and constitutionality of the planned relocation.
The court also granted the applicants leave to commence both Judicial Review and Constitutional Review proceedings.
In his order, Justice Nyirenda directed that authorities be restrained from implementing the relocation or taking any further action towards moving MEC from Lilongwe to Blantyre or any other location until the matter is fully heard and determined.
“An Order of interlocutory injunction be and is hereby granted restraining the Defendants, their agents, servants or whosoever from implementing the decisions as contained in paragraphs 1(a) and 1(b) hereof or taking any further steps towards the relocation of the Malawi Electoral Commission from Lilongwe to Blantyre or to any other place whatsoever, until a further order of the Court or until determination of the substantive matters,” reads part of the order.
The applicants’ lawyer, George Jivason Kadzipatike, said the ruling effectively freezes any plans to relocate the electoral body.
“With this Order, MEC will not be relocated from Lilongwe to Blantyre or to any other place,” said Kadzipatike.
Under the Executive Order, MEC was expected to move to Blantyre alongside the Malawi Communications Regulatory Authority (MACRA) and the Malawi Housing Corporation (MHC).
Justice Kenyatta Nyirenda granted an interlocutory injunction restraining MEC and other authorities from taking any further steps towards relocating the electoral body until the court determines a substantive constitutional challenge against the move.
The ruling follows an application filed by MCP alongside three individuals, Emmanuel Chambulanyina Jere, Abraham Mwakhwawa and Daniel Mwanyongo Chitonya, who are challenging the legality and constitutionality of the planned relocation.
The court also granted the applicants leave to commence both Judicial Review and Constitutional Review proceedings.
In his order, Justice Nyirenda directed that authorities be restrained from implementing the relocation or taking any further action towards moving MEC from Lilongwe to Blantyre or any other location until the matter is fully heard and determined.
“An Order of interlocutory injunction be and is hereby granted restraining the Defendants, their agents, servants or whosoever from implementing the decisions as contained in paragraphs 1(a) and 1(b) hereof or taking any further steps towards the relocation of the Malawi Electoral Commission from Lilongwe to Blantyre or to any other place whatsoever, until a further order of the Court or until determination of the substantive matters,” reads part of the order.
The applicants’ lawyer, George Jivason Kadzipatike, said the ruling effectively freezes any plans to relocate the electoral body.
“With this Order, MEC will not be relocated from Lilongwe to Blantyre or to any other place,” said Kadzipatike.
Under the Executive Order, MEC was expected to move to Blantyre alongside the Malawi Communications Regulatory Authority (MACRA) and the Malawi Housing Corporation (MHC).
