High Court Rules on Khembo vs MEC & Onsewa

The High Court has made a declaration that Geoffrey Onsewa was duly elected as Member of Parliament for Chikwawa North Constituency in the 2025 Parliamentary Elections.

𝗖𝗮𝘀𝗲 𝗦𝘂𝗺𝗺𝗮𝗿𝘆: 𝗟𝘆𝗻𝗱𝗮 𝗞𝗵𝗲𝗺𝗯𝗼 𝘃𝘀 𝗠𝗘𝗖 & 𝗚𝗲𝗼𝗳𝗳𝗿𝗲𝘆 𝗢𝗻𝘀𝗲𝘄𝗮
𝗘𝗹𝗲𝗰𝘁𝗼𝗿𝗮𝗹 𝗣𝗲𝘁𝗶𝘁𝗶𝗼𝗻 𝗡𝗼 𝟲𝟴 𝗼𝗳 𝟮𝟬𝟮𝟱
(𝗕𝗲𝗳𝗼𝗿𝗲 𝗛𝗼𝗻. 𝗝𝘂𝘀𝘁𝗶𝗰𝗲 𝗧𝗲𝘅𝗶𝗼𝘂𝘀 𝗠𝗮𝘀𝗼𝗮𝗺𝗽𝗵𝗮𝗺𝗯𝗲)

Delivered on 25th November, 2025

𝗕𝗿𝗶𝗲𝗳 𝗙𝗮𝗰𝘁𝘀
This petition arises from the 2025 parliamentary elections for Chikwawa North Constituency. Lynda Khembo, hereinafter referred to as ‘the petitioner’, contested the election as the candidate for the Democratic Progressive Party (DPP). Following the polls held on 16th September 2025, the Malawi Electoral Commission, on 30th September, 2025, declared Mr. Geoffrey Onsewa, as the duly elected Member of Parliament for the constituency. Aggrieved by this outcome, the petitioner presented this election petition.
 
𝗧𝗵𝗲 𝗟𝗲𝗴𝗮𝗹 𝗜𝘀𝘀𝘂𝗲𝘀
The core legal issue in this case revolved around the following issues arise for determination: 

⚖️    Whether the petition was properly supported by a sworn statement; 
⚖️    Whether the supplementary sworn statements should be struck out; 
⚖️    Whether the 2025 Parliamentary Election for Chikwawa North Constituency was conducted in accordance with the provisions and principles of the PPLGEA; 
⚖️    Whether the alleged irregularities constitute substantial non-compliance with the law so as to render the election of the 2nd respondent undue; 
⚖️    What remedies, if any, the petitioner is entitled to.

𝗧𝗵𝗲 𝗙𝗶𝗻𝗱𝗶𝗻𝗴
On 25th November 2025, the High Court held that : 
📜    The petitioner did not prove the allegations of an undue return or undue election within the meaning of section 101 of the PPLGEA. 
📜    The petitioner failed to establish, to the requisite legal standard, that the 2nd respondent was improperly declared winner, or that any alleged irregularities whether in the form of signing of results, procedural complaints, or conduct of polling staff materially affected the outcome of the election, either quantitatively or qualitatively. 
📜    That the legislative remedy under section 101 is exceptional, and operates only where credible evidence demonstrates that the democratic choice of the electorate has been fundamentally compromised. On the totality of the evidence before the Court, no such conclusion were reached. 

𝗢𝗿𝗱𝗲𝗿
The High Court issued the following orders and declarations: 
✍️    A declaration that 2nd respondent was duly elected as Member of Parliament for Chikwawa North Constituency in the 2025 Parliamentary Elections. 
✍️    An order that the election “shall be and remain valid as if no petition had been presented,” in accordance with section 101(3)(a) of the PPLGEA. 
✍️    An order that the petitioner shall bear the costs of this petition, such costs to be assessed by the Registrar, if not agreed.

Access the Full Judgement: https://www.judiciary.mw/node/854