Incarcerated former Ministry of Health Permanent Secretary, Kashiwa Bulaya today walked out of prison custody after he was granted a K40 million cash bail by the Lusaka High Court, pending determination of his appeal against conviction.
In granting bail, High Court Judge, Marvin Mwanamwambwa gave conditions that Bulaya provides two local working sureties, each on his own recognisance, in the sum of K100 million.
Judge Mwanamwambwa further ordered that Bulaya surrenders his passport or any other travel document to the Task Force on Corruption and also that he should be reporting to the Officer-In-Charge or the Chief Investigations Officer at Woodlands Police
Station every Friday.
Bulaya was found guilty of one count of abuse of authority and two counts of corrupt
practices on February 21, 2007 by Lusaka Principal Resident Magistrate, and was
consequently convicted and sentenced to five years imprisonment with hard labour on
each count, but to run concurrently.
The sentence was effective July 20, 2006, the day he was remanded in custody.
However, on February 22, this year, Dr. Bulaya filed an appeal to the High Court
against the conviction and later applied for bail pending determination of his appeal.
The appeal was made under section 332(1) of the Criminal Procedure Code (CPC), Cap 88.
This section states that, ” After the entering of an appeal by a person entitled to appeal, the appellate court, or the subordinate court which convicted or sentenced such person, may, for reasons to be recorded by it in writing, order that he be released on bail with of without sureties, or if such person is not released on bail, shall, at the request of such person, order that the execution of the sentence or order appealed against shall be suspended pending the hearing of his appeal”.
Bulaya supported his appeal by arguing, through his lawyer Mumba Kapumpa, that he
was a reliable individual who has convincingly demonstrated his capacity to abide by
bail conditions over a long period of time.
He argued that it might take long before the case record is ready for appeal, noting that bail might only be granted when he (Bulaya) has already served the whole or a substantial portion of his five year long sentence.
“That in that event, the appeal would be a mere academic exercise,” he argued.
But Mutembo Nchito opposed the application for bail on behalf of the state saying
granting bail under section 322 of the CPC was a discretionary remedy.
Mr. Nchito submitted that for the discretion to be exercised in favour of the applicant, he must demonstrate that he has a fair chance of success in his appeal and that there are special circumstances in his case.
He further submitted that so far the applicant has not shown any of the two and added that during trial by the magistrate court, Bulaya had on two occasions, applied for bail to the High court but he was not successful.
In his ruling on bail, Judge Mwanamwambwa agreed with Mr. Nchito that the granting of bail pending appeal was a discretional remedy.
The judge however said such discretion should be exercised judiciously.
He explained that in an application for bail pending appeal, the primary consideration should be whether or not the applicant has revealed exceptional circumstances.
Judge Mwanamwambwa said the applicant should show that the appeal has a fair or
probable chance of succeeding and should also show that the length of the period the
appeal is likely to be determined.
He noted that every appellant appeals because in his view, he would win.
The judge advised that it was not advisable to speculate on the possible outcome of
an appeal.
“Such speculation borders on prejudging the appeal. In my view, the merits or otherwise of the appeal, should be left to the appellate judge, at the hearing of the appeal,” he said.
Regarding the duration of the appeal, Judge Mwanamwambwa said it was common
knowledge that in Lusaka, appeals from subordinate courts take long to process.
He stated that given the size of the court proceedings in the subordinate court and
the slow pace of typing and preparing the case record, Bulaya had revealed an exceptional circumstance.
“He deserves bail pending appeal. Accordingly, I hereby grant him bail, pending determination of his appeal,” Judge Mwanamwambwa ruled.
ZANIS
This a scam. The man is going in sooner or later.
k40 million is like a drop in an ocean to Bulaya since he has been stealing starting from KK to FTJ administrations. And if anything, Judge Mwanamwambwa would have tripled the cash bail as another method of salvaging money he stole and I do hope fair judgement will take its course to put the culprit behind the bars.
Mme Daka, please dont make comments.
This is a mockery to the judicial system and to the people of zambia. Am tired of this zambian politics and Good luck to all in Zambia. We all knew he was going to be free before his 5 years jail term, and this is the reason why FTJ knows he will never step a foot in those prison’s. LPM’s hand picked corruption crusade is for cheap political gain. He is the most foolish lawyer i seen in that profession.
In my view,Never Trust A Lawyer.
Kashiwa Bulaya is a convict. He stole public funds and deserves to be in prison. But like any other convict he has a right to bail pending trial. For example, another convict, one Samuel Musonda, former ZANACO MD is on bail pending his appeal.
Lets quickly refer Bulaya to Peter Smith in Bulaya(sorry, in England)
M.Daka, why was Bulaya’s previous bail application’s denied? If you were serving a jail term, is it possible for you to get bail? i quote from the Bulaya’s argument above:”He argued that it might take long before the case record is ready for appeal, noting that bail might only be granted when he (Bulaya) has already served the whole or a substantial portion of his five year long sentence.
“That in that event, the appeal would be a mere academic exercise,†he argued.”
Kayata, do you now believe me that the corruption fight in this country is a three dimension design, those with links to LPM, high profile persons close to high figures in govt and ponies who find themselves between these two classes,I would not be surprised if at all this advice about Kashiwa this and kashiwa that is coming from no other than the man who entered ‘nolle’ for him.K40m is a joke for a man who once bolted from UTH by forgering emergency evacuation to RSA.Zambia is rotten both interms of integrity,dependence,gorvernance, leadership name them.What more evidence does the high court want to hear from Kashiwa? The man stole K3bn, bought fake ARv’s,formed companies with fellow crooks using govt funds,this is a joke, the circus is yet to begin.This man deserved no linience at all, he made people with HIV swallow concortions not fit for consumption, he is a murderer above all.Its not one head working here to see him out, there are many of course…only Mulongoti can vouch for it.
Zoona Ba Francis. As they say “Birds of a feather flock together”
Fathers, aba amaguys they wanted a nolle and now they have found another way to help ze Biggie.
Poor Sakala “nyongo” has no friends to help him like Bulaya.
My dear Kataya, I do no know why Bulaya’s previous bail application was denied. I therefore can not answer your question. If I know the reasons I definitely would have answered your question.
But you see, Kataya, the fact that one is a convict doe not stop him/her from applying for bail pending appeal. The court I sure looks at the reasons of the application. Like you have rightly pointed out, bail could have been given to him because by the time the case record will be ready he could have served the all or a substantial part of his sentence. I remember very well Samuel Musonda was granted bail pending appeal on similar reasons as Bulaya’s.
Since this is becoming very interesting we can even relate this to FJT’s Judgment. If FJT wants, he can apply for a stay of execution of the London Judgment pending his appeal to the court of Appeal. The court, looking at the reasons he may advance, may give him a stay. This will mean the judgment not being executed until his appealis heard.
Chilumba,you are correct. Even,Bulaya says in his bail application that it is just an exercise,but when you look at it,Bulaya was about to spill the beans, as his ministry partially funded levy’s campaign,and he was the signatory,through commands from Mumba and FTJ. What is the DPP is saying? very conflicting views, the state earlier wanted to grant a “nolle”, then now they are opposing his bail apllication….With the judgement from the london courts and Mulongoti challenging Sata, they had no way out, but to release him.Bulaya has been a scape goat, Sata was the main chief organiser,but he has so much evidence that LPM can not touch him,as he knows how vocal Sata is. Sata knows the source of the funds for LPM’s 2001 campaign,and thats why he has challenged the LPM that he was a beneficiary of it, hence we have seen the sources Sam Musonda,X.Chungu, Bulaya all escaping scot free. Like someone has mentioned on here,we need the second coming of Jesus in Zambia.
M.Daka, In 2004, the Director of Public Prosecutions (DPP) entered a “no prosecution” motion in the corruption trial of Kashiwa Bulaya.The DPP did not consult the trial court prosecutor before announcing that the case against Bulaya would be dropped and there were allegations that the order came from higher levels of government. However,the involvement and intervention of govt officials made the court to deny Bulaya his bail application,and the fear of him running away as some of his accomplice’s had done. Public outcry brought the case back…I agree with you that one can not be stopped from applying for bail,but that has to be done before judgement is set or while trial is on-going.But Bulaya is serving 1 charge whilst he is still on trial for other’s. He has been given bail for the charges that are on trial,but what happens to the charge that he is serving?
M.Daka,dear…… You have mentioned of FTJ’s case in London,however note that FTJ can only apply for a stay of execution if only new evidence suffices in his support. Therefore,FTJ has to produce more sufficient evidence before applying for a stay of execution.
Kayata, I agree with you on no. 13. But It is the principal of staying execution of the judgment that I referred to. If he is able to come up with the new evidence, the stay can be granted to him.
Let us now bury the hachet and re direct our efforts towards providing social services to our poor citizens. Mr Mwanawasa has evoked a spirit of revenge in Zambia and beyond.
Truly Zambian, what is the govt doing with the tax they are collecting from you, if you are paying any? It’s the govt’s responsibility to provide social service’s to every citizen, not only the poor,but every one in the country.
Okey so much about wethter bulaya is going to jail or not my primary concern is what happens to the money that he stall?It does not help me if bulaya goes to jail or he dose not but is money going to be recovered so that we use it to improve our social service?Five years is nothing if he serves and keeps the money and we still remain where we are infact if he can return the money he can serve one year or less but never to hold a position in boma and come back to contribute to the development of the country.We need all the educated pipo especilly in the eror of Hiv and migration of educated pipo
M Daka u are useless, I told u to shut.
Ba Joze and M Daka, you guys are madly in love with each other and easily absorbed by events in Zambian pilitical circles. Well, lets us not be at each other throat but lets us contribute to this blog positively as a way of discussion. Ba Joze and M Daka, you are free to agree or disagree with someone opinion and never use insults.
With a focus on Bulaya’s bail. The man is murderer and I go with “comment 8” to remove this man from the public he nearly terminated with his fake ARv’s and expired drugs. This case is surposed to be ranked as unbailable.
Ba Joze, I haven’t seen you comments on this story. I know Mutembo Nchito did a great job in successfully prosecuting Kashiwa Bulaya. Can we please have your comments rather than insults. This story is about a lady called M. Daka. It is about Bulaya’s bail.
Ba Joze, mwaya sana , bweleniko panono, leave Daka alone she is making worthwile contributions,make contributions not personal attacks,Daka introduce more women on this blog, its time women started practising group communication skills, who knows one day Zambia will be blessed with another copy cat of Thatcher.Keep it up Daka atleast you are informed ukucila ba Joze abakolwa chibuku kacelocelo pa kulima tower.Abash insults
Ba Joze,it is you who should shut up. You are acting like a Taliban, and we do not need your useless comments. Keep them in your DRC and Zimbabwe, we know where you are from. We have already told you that we respect each other on this blog, this is not Kulima or kamwala bus station’s. We value each other, and like i mentioned if we return you to those stations, we could be charged with crime on humanity. So please respect yourself.
What if M. daka is not a woman?
Moi are you Joze, Daka has confirmed her gender.Are you new to the blog?wake up how many hour are you behind in kenya?
Moi, why do you fear challenges from women? Daka has proved that she is more intelligent than most of the men on this blog, therefore we need her most contribution. M.Daka… my dear, i congratulate you for standing by your views. Now we have gender equality, hence most of the male’s who can’t prove what they are talking about are frightened. Keep it up dear.
Both Kashiya and FTJ are sacrifial lambs, the real culprit is LPM, because all that money he used for his campaign in 2001 came from state coffers. The man had nothing to his name, but he used to tour the country with helicopters for campaigns. Of course he stole with the help of Kashiya & FTJ. CHAINS HIM AS WELL PLS.
I’ve just discovered this blog, already I find it interesting with the exception of Ba Joze’s sparsely limited contribution.
Though not a legal expert, I find it strange that Dr Bulaya has been granted bail .
I am of the belief that law largely depends on legal precedents, in that if a person is denied bail on certain grounds that basis should also stand for next person.
Dr Bulaya had his bail revoked later on denied I see reason for someone with such history to be granted bail.
What has changed? Have they now oiled the right hands.
Kayata, you call me a talibanist? Everyone knows am not a talibanist and everyone knows thatKayata is “mumbwe mumbwe”
AM, you have just hammered the nail on the head. LPM must resign before the rule of law pounce on him. Mme Daka any comment?
Ba Joze, we dont appreciate your contributes and of such kind cld just start chasing pipo who want to share their ideas with others. You are behaving like a kid discovering things for the first time and gets “mbuli mwana mushonto”, am sorry Ba Joze, I dont like using vulgur language.
Bulaya, you are thief just go back in jail and rot there. Why should you waste our preious time reading about you. You have sent alot of people on early graves by buying expired ARVs, Useless
I would rather this issue is left to the rule of law . We all know Bulaya is a culprit and deserves to pay back through means of bail and the like, and the court knows it that is why he can’t be released on less than K40m. That guy will pay us back our money by those means except for the monies going to his lawyers.I bet the chap will be finished.
Bulaya’s bail reminds me of one informal discussion I had with a Senior Police Officer while sharing a table at some social function many years ago in Kitwe.
It was at the time when a lot of Notorias armed robbers and car thieves were being shot dead by the Police during “exchange of fire” as reported by the newspapers.
I jokingly commented that the shooting dead of the criminals amounted to extra Judicial Killings and I wondered why Police take them to court.
He answered that the Police using meagre resources worked hard to catch these criminals. Who when taken to court would use all sorts of techniques to delay the cases and use loopholes in the legal system and would found themselves on the streets free. They would revert back to their activities leaving the Police frustrated and the citizens at their mercy.
Since the Just system was not effective in taking the criminals away the Police resorted to shooting them.
I FEEL LIKE APPLYING THIS OPTION AFTER THIS !!!
Citizen stop ‘kaleya mateo’ stories here ,you are not in a village where you do story telling.Its common sense to everyone that our country is not fit for purpose.LPM’s govt is a govt for the living dead.Its got no directions and keep waffling about things.Every other time LPM is giving directives, is he jack of all trades?
Our country must be closed for stock taking and then remedial measures implemented.We need leaders who can design long term strategies that in time of succession these strategies remain as sole abiding policies for the ruling party not the nonsense being exhibited by these half baked politicians like HH.HH is always singing about fulfilling Mazoka’s dream , what dream is it when he cant offer anything tangible himself?Sitting on boards doesnot qualify you to lead.Leaders lead between paradyms, and managers like HH are controlled by board guide lines.Its time s trong opposition credible party sprung up to send these already dead parties to the grave.
since when did thieves start getting bails?
KUKU having read most of your contributions, It is evident that you lack focus depth and analytical skills. Instead of enriching the contribution on the core subject you are busy having diatribe at other contributors. I am sure with a bit more effort you can raise your level of contributions. Learn from M.Daka and Ba Kayata.
No mental graffitii please !!!
Citizen, you are a damn fool, see comment33.What do you call that?Isnt that good contribution?
KUKU if you rate your comment 33 as good, then my earlier assesment of your contribution is understated. 33 is a pathetic effort.
You have berated me,political parties, HH and even the the embecility of closing a country for stocktaking.
So much for your impertinent reasoning
CITIZEN if your compare your comment on 32& mine on 33 which one is more dynamic and reasonable?You see those are the wages you get when you attack deligent contributors.You are fake Citizen and you belong to the stone age.Ba Joze sort out this Citizen chap, he wants to sound knowlegeable when infact he is just a standard six
Corruption fight so far only one conviction Richard Sakala ,my foot!!!!!!!!!!!!in 5yrs what is happening can someone please tell me.
I would pay to sit in the Bulayas’ living room after dinner, to hear how he compares and contrasts his experience in prison with his daughter Kambita who was released from prison after serving a four year sentence for accessory to a manslaughter of a nigerian man in Lusaka.
Perhaps lessons will be learnt
With the on going trickery by the powers that be about Chiluba’s matrix of plunder cases and now the release from prison of Kashiwa on bail, two things keep spinning in my mind right now which are perhaps the cause of the current world imbalance:
1. whoever decided to entrust the administering of public resources in the hands of crooked politicians rather than pragmatic learned professionals? and
2. whether one should place reliance on the judicial system(no disrespect to the lawyers)world over considering varied judgements or positions that could be derived from the same material facts.
mmmm.. really makes me wonder