The High Court has said former President Peter Mutharika and his Secretary to Cabinet Justice Llyod Muhara are liable to pay costs in the botched forced retirement of Chief and Justice Edward Twea Justice Andrew Nyirenda.
The Registrar's office has been directed to assess the cost but has given a chance to the Mutharika and Muhara to be heard before the determination.
Judge Michael Mkandawire said the two are not immune to judicial review proceedings as they claimed through their lawyers.
He said the decision was arrived at as Mutharika and Muhara acted in gross negligence of their public duty.
“The respondents had no Constitutional or legal basis upon which to compel Chief justice and Honourable Justice Edward Twea SC to go on leave pending retirement.
"The respondents breached separation of power and that the said decision was unconstitutional and illegal,” reads the ruling.
He cited both Mutharika and Muhara being seasoned lawyers disregarded simple and basic constitutional principles.