A LUSAKA lawyer representing incarcerated Ministry of Health former human resources officer, Henry Kapoko yesterday led a group of journalists to a warehouse in Olympia where his client is still keeping a consignment of 50,000-mother baby kit meant for the Ministry of Health worth K1.9 billion.
And the lawyer yesterday blocked a combined team of investigators from entering the warehouse for fear of them tampering with the consignment as it was a subject in court.
Mr Kelvin Bwalya said at a media briefing at his office that he was forced to reveal the consignment at the warehouse because the police had created an impression that his client was involved in a K27 billion scam.[quote]
Mr Bwalya has since challenged the investigative wings to release Kapoko’s younger brother Martin who was picked up yesterday from the warehouse on grounds that he refused to sign a warrant, as he was just a caretaker.
“The house, 25 Manda Hill Road belongs to Kapoko, the tenant is Fred Chileshe his co-accused person and Martin is there as a caretaker. I refused to go to the house because the owner was not there, I appeal to investigative wings to release Martin as not doing so will be interfering with his rights,” he said.
“ Let them produce evidence that Kapoko is involved in the K27 billion scam, he is only charged with K1.9 billion, what about the rest? One may even be killed over things he doesn’t know,” he said.
He said his client had not delivered the consignment because the ministry had refused to get it in bits and demanded that it be handed over in full at one time.
Mr Bwalya expressed sadness at the incarceration of his client whom he said, owned various businesses. He said, it was a pity that the public had been made to believe Kapoko was involved in a K27 billion scam.
Mr Bwalya said his client’s company KAHEKAM bid for the supply of the said consignment but lost, but the company that won failed to supply the 100,000 required mother baby kits at a cost of K2.2 billion and asked KAHEKAM to supply 50,000 since the company was second.
“It was at this point that Kapoko asked for a down payment and that was how he was given that K1.9 billion with a view to order and supply the consignment which had started arriving and the ministry was informed of the delay.
“ There was just a delay in the shipment of the consignment, part of it had already arrived, my client can not deliver because the line ministry wants it in complete form, the ministry is aware of the delay, the Ministry of Finance has also cleared it, the Government would have charged my client with liquidated damages according to the law than to incarcerate him,” he said.
He said his client was involved in a number of businesses, among others, he was running another business Hesakam Limited and supplied goods to the Ministry of Education, Konkola Copper Mines and Chibuluma with net profits ranging between K1.3 to K1.8 billion.
Mr Bwalya said it was not fair to assume that because he was a civil servant he had no businesses and attack him on unfounded grounds.
He said the rest of information would be dealt with in court.
Kapoko was facing counts of theft, money laundering and issuing a cheque on an insufficient funded account.
[Times of Zambia]
We are listening, good grounds take its course
Not guilty, until proven guilty by the courts of law.Viva Zed judiciary and law enforcements
Bring the news Shamwari kubekha siya khuzwa
Kapoko is surviving mwebantu!!
I am confused about this. Even if Kapoko was rightly awarded the contract for the baby kits, I thought by virtue of being an employee of a company, you cannot conduct business with the company because of conflict of interest. I know Zed has those regularities.
there are lawyers in zambia who argue cases and win it on behalf of a defendant out of brilliance and excellence.but there is another sect of lawyers who win cases but dubiously.
“The house, 25 Manda Hill Road belongs to Kapoko, the tenant is Fred Chileshe his co-accused person and Martin is there as a caretaker. I refused to go to the house because the owner was not there, I appeal to investigative wings to release Martin as not doing so will be interfering with his rights,” he said. Our law enforment is the stupidist. If that care taker cannot sign the warrant, then let the lawyer sign it. His clients are in jail, and right now he is representing them. Let the police arrest the lawyer. He is the one in contempt.
Even the dullest lawyer can win a case in Zed. It`s all down to how much he gives the judge. You pay a lawyer who goes to pay a judge. Simple!
a wharehouse on manda hill road yachimfya.not even sunsoft trading or autoworld can put it there.not because they can’t afford
But business logic.the rentals are on the other side of the moon.
uko tiveleko.as the saying a lie goes before the truth. again MMD is locked in other scam. yesturday it was the post having stolen 30 billion only to find its 1 point something. Next it was Sata and kapoko being relatives only to find its not. next is HH acting on treason but still on the road. next it was Dora is smart but ended up resigning. Today its Kapoko speaking. I have always been suspicious with the way the case for this young man is being conducted. First it was said he took the whole lot next Mitti begins to plead next the accountants are locked. the denial of his bail has a lot behind. the man may have a case but its not as we where told. he is just a scapegoat. even nyama soya is involved. as VP he had a lot of contracts at MOH. wait KB has started mark the words more 2 come
am sad this site is now proMMD look at the colours and how they filter the comments. its boring am really missing zambian watchdog. i stopped reading it and i even dont know what am doing here. chabechabe site
ooh it’s his own wharehouse or is it house? ok then that’s fine some businesses are more flourishing than others.like kapoko’s.
Greatings bloggers. We will ague, speculate and descuss constructively or otherwise, over Kapko’s issue, but one thing for sure is that this case will go nowhere. Things are changing already. Kapoko was given K1.9b for the supply of baby kits. According to the Law enforcement agencies, he did not supply. The lawyer BK’s are available, even Ministry of Finance cleared them. Ahaaaahaha! Lovely. Twist of things!. My question is, why is kapoko being used as a sucrificial lamb. Miti and the chief accountant are out there walking freely in the streets of Lusaka. Our leaders are hypocrits!!. They are keeping miti and all key personel outside jail so that they can quickly steal all documents of evidence from the ministry to protect other senior government officials.
Kapoko might have been a nobody few years back, but the guy is intelligent enough to start up some business. He is also a quick thinker, he makes things move leaving all of us ndwii! Ala bane those of us who are in the mid thirties twali chelwa ukupanga ulupiya. we are supposed to be at the hype of business dealings by now. Please get me correct, I am not saying go and do wrong things, No! please do the right stuff it will benefit you big time. May be Kapoko’s mistake could have been his involvement into poloitics. Pa Zed balakaka ngawakwata ama nkucha mubwaiche. Jealousy villagers!
1. Why should govt employees supply to Govt?
2. Those kits in the warehouse were purchased after Kapoko was arrested. Why were they not distributed if they had been there all along?
The governement should concetrate on finding a lasting solution for the ministry. Lets not blame kapoko please!!! You must all know that Kapoko is just being used. I suggest he be kept there for his own safty.
Imwe mwe bantu sure, does this lawyer think we are stupid?
#5 I am just as taken aback by this as you are. Somehow the lawyer seems to think it is alright for Kapoko to enter into a business contract with his employers, MOH. Conflict of interest! That in itself is a corrupt act. This whole affair has exposed the lax approach that we Africans have when handling public funds. I hope the donor countries continue to withhold funding. After all ordinary people do not benefit. It is probably the same money they use to send ministers to South Africa for treatment. This is the Kashiwa Bulaya scandal all over again.
#16 Your attitude is very disappointing. Unfortunately a lot of Zambians think like you. They excuse and even admire corrupt individuals. Regardless of who else is behind this, Kapoko has a case to answer. Hopefully more donors will join in and put more pressure on Nyama Soya until the truth comes out in full.
#15 Woman of substance please read the story again. Kapoko was arrested close to a month now. Is it possible that he could have purchased those things and have them delivered withine this period? No!. These baby kits were not bought from zambia otherwise the governement would have gotten them straight from the source, rather than giving kapoko the contract. The only office to tell us if this is a fluke or not is the ministry of finance which cleared the goods. Belenga nakabili. Otherwise ulishani? ine ndifye bwino. Ukutalala mune.
This case is now becoming political, why is miti still free.
# 19 Mulishani ba Chitapankwa? Ala bakalamba nshiletila what Kapoko is allegedly to have done is right in its sense. I am only trying to understand how our law enforcement agencies in our country responds towards government preasure. Kapoko up to this very moment is innocent until then when he is proved guilty. I have no reason to get angry at him at all. You and me are living outside our country. These civil servants bakalamba are suffering. one is bound to be tempted to do business with the governement once he discovers that he / she can make money out of it. Atleast you and me have regular meals where ever we are, bakalamba abantu balechula kumushi uku. I go there every time. I am not sure when you last went there. Have a good weekend.
#20, Kadoli Katapa, I agree with #15 woman of substance. I also seriously doubt if these baby kits are even in the ware house simply because it is hearsay from the lawyer because no one apart from him has seen the cosignment. To top it all he is giving a very stupid and lame excuse of stating his clients are in jail and they cannot sign the warrant because of their abscence. BS. He is their lawyer he can sign the warrant.
KING COBRA i agree with you on all your comments. Will hear a lot when triail begins.
The press briefing was yesterday, LT you are posting it today and the other lawyer Mr Chanda complained about RB’s prejudice comments and LT has left it out. Oh how i miss WATCHDOG.
According to section 37 (1) a of the ACC Act , with the revalations of dull but crooked KB, Kapoko is liable for abuse of Public Office for Personal gain. These are the same offences that some defence chiefs were tried and found guilty of. I wonder why ACC is dragging its feet. Maybe it is true that the police hijacked the investigation. Meanwhile romour has it that two cops received K20m from Kapoko for them to temper with evidence. No wonder documents are missing from MOH after ZP, ACC and DEC went in there forcing people out. we need officers of intergrity not these who just oen theuir mouths whereever they see carrots dangling.
ZP,ACC , DEC put that warehouse on 24 hours surveillance and you will catch kapoko,s men delivering baby kits in there which you will later be told they have always been there.
# 15 is right, the goods were only brought in after his arrest. My bro # 20 you need to read between the lines. why has it taken so long to show that goods are there. The same day Kapoko was arrested he should have indiated where the goods were. There is serious mathematics here, the police need to establish when the goods came in the country. It is even possible the same goods came from within the dept.
WHY ON EARTH DO WE NEED 3 STATE AGENTS TO INVESTIGATE 1 CASE. IN THE US WHEN THE FBI ARE WORKING ON A CASE , THE POLICE BACK OFF. I WONDER WHY IT DID NOT WORK THAT WAY IN ZAMBIA. I CAN SEE KAPOKO WALKING AWAY A WINNER IN THIS CASE AND A TRANSFER ON TOP OF THIS. WHAT A COUNTRY!!!!!!!!
Kelvin needs to put food on his families table and this is the best way he can.
After reporting that k27 billion was stolen, Kapoko has been charged with a k2.9 billion case so who stole k24.1 billion. #25 if you think KB is a dull lawyer, then wait and see that he is one of the best lawyers in Zed, as for crookedness i beleive all lawyers are crooks, thats my opinion
#22 Sorry Ba Kadoli Katapa. This issimilar to the discussion I had with a former school friend. He was encouraging me to go back home to set up a business. I was not keen because the business involved being wholly dependent upon government contracts. In the interest of staying clean, I declined. Many countries, including Ireland, have in the past seen their nationals leave for pastures green in foreign lands. It is much more preferable to staying behind to loot the little money meant for those who do not even have anything. Corruption is a very terrible thing. Mobutu actively encouraged it in Congo – look what has happened to that country!
How does the kits being at this warehouse all this time exonerate Kapoko?!! Can someone explain this logic to me? As mentioned already by others, CONFLICT OF INTEREST is a biggie people!!!
Kapoko has been charged with a k2.9 billion case, now who will charged for the k24.1 billion.
Kapoko’s innocent!!!!!!!!!!!
#5 a worker can be a supplier to the company or government department his working for as long as he/she DECLARES his/her conflict of interest to the committee selecting the supplier of the required goods or services, and they do not sit on that committee. So in this case there nothing wrong with Kapoko or any other government worker being a supplier to the departments they work for as long as the proper procedures are followed. But we all know how it works in Zambia. But legally he has every right to supply the government as long as his price was better and the goods to be supplied are of good quality and they beat all other bidders.
Conducting the defence of his client in the press? Shouldn’t he do it in court? Does he hope to sway public opinion? Fat chance!
You d.u.l.l creatures, cant you see that there is a lot in the Kapoko’s case? Kapoko is said to have stollen $1.9, who stole the $25.1? Miti , Maureen and MMD ministers are walking heads high, why only Kapoko? these are questions to be answered and its so plain that they are using ka Kapoko as a sacrifiial goat. Wake up Zambians dont be cheated.
“A Lusaka lawyer …………led a group of journalists to a warehouse where his client is still keeping a consignment of 50,000 baby kits …..worth K1.9 billion.” The lawyer claims that his client was paid a down payment of K1.9 billion. The goods were worth K1.9 billion. This as far as I am concerned means that the man was fully paid before supplying the goods. Where in the world does a supplier use the client’s money to supply him goods? You will also note this supplier supplied 50,000 baby kits at K1.9 billion almost the same as the first supplier at 100,000 baby kits at K2.2 billion. One blogger has the guts of calling this man as an intelligent businessman when he was just conniving with fellow workers. If you call this intelligence then I will have nothing to do with your…
Zambia is full of idioitic investigative wings who try to destroy anyone who dares to make money. Mwaneya when dual citizenship takes effect we shall invest our billion£££££££££££££ in foreign banks.
I will stand next to you for a photo.. rubbish! that monkey shud have s**t on him!
#37. Thats a very good observation!
i only favour stealing when u r not caught..kapoko ni chimbwi fye
Ka Kapoko is said o have stolen $1.9, who stole $25.1? If this selective fight against corruption continues all people will lose faith in it. Where is Miti , where is Chituo, where is Maureen. No people let us be fair.
Lt you are useless…..atase
It’s qiute interesting to reading how this case is unfolding.
Warehouse kumayadi?
#37 It is seems to be a Zambian trait to refer to fellow bloggers (and indeed fellow Zambians) as dull. There is no need for insults. Just put your point across. You are just as much in the dark about this as we all are. Kapoko may or may not be a sacrificial lamb but this is just the start. Some people, including Kapoko’s lawyer, have expressed fear that he will be killed in prison at the instigation of the state. This is speculation aimed at buying sympathy! In the end what is needed is to account for every Kwacha in this scandal. The donors will not be placated by the arrest of one man. They and we are not stupid.
#41, I meant to say thats a very good observation on #38.
Kapoko was to say the truth at the beginning if he is sincere.
A thief is a thief whether represented by the best lawyer or not. It is very clear that there is a breed(same breed) of lawyers who always go for the worst cases in ZED – Kelvin Bwalya and his friend Nicholas Chanda . Why is this ‘learned’ lawyer revealing this information to the press? Why not just go and argue his case in court? Vultures???
#38 Ba senior engineer bakalamba, ala belengeni story nakabili. Batile, but the company that won failed to supply the 100,000 required mother baby kits at a cost of K2.2 billion and asked KAHEKAM to supply 50,000 since the company was second. Who asked who to supply what? Why are you concluding already that Kapoko conived with the procurement officers at the ministry?. You and me have very little idea of what had happened. Please note also that The one who is the controlling officer Dr. Miti is not in prison, the chief accountant who verifies all payments and reports directly to the PS (Dr. Miti) is also not in prison. Don’t you think that these are same people who can play around with documentation at the ministry. Kapoko is not anywhere near accounts, why should he be held.
#38 Ba senior engineer. We are all just analysing and making speculations about this case. But if you read in between, you will see what I am seeing. Dr. Miti should have stoped this payment as per his duty as a controlling officer, under what conditions was Kapoko given the K1.9b before supply of the items? Ask Goldman insurance. RB, Maureen Mwanawasa, Brain Chituwo and many senior officers in the government had helped themselves with thoe MOH funds. That is the reason why they are keeping these two people (The PS and the Chief Accountant) outside so that all evidence linking senior officers is removed from the MOH. You will be interested to know that MoH, MoE and Min of Agric are the most well funded ministries. So,all politician have an interest in these ministries. Epompelele
let us put Zambia up for sale to the heights bidder may be we will have some Arab money for to share, since democracy is a govt of the people by the people for the people.
#53highest
So far, Miti and Peleti have been mentioned. Where was the director – had he travelled?
The chaps from ACC were the right one to handle the Kapoko case. That charge by ZP of theft of K1.9Billion is rubbish. Explanation by lawyer Kelvin Fube Bwalya that it was a tipcal business transaction is worrying the way our investigating agencies handle matters. Coz of their stupidity and unprofessional conduct, the Donors have withheld thier funding to Health Ministry. We need ACC/ZP to clear the air with same zeal as they went on to mislead the public yet they knew the truth. ZP/ACC & DEC should have within their ranks qualified auditors to handle complictaed cases. This guy Kapoko is being punished for reasons best known to those in authority. We have big things being swept under the carpet. Everything points to RB.
Its rather strange that so many people who are commenting here are not actually in Zambia. It kinda shows the lack and want in our country. Thats why the so called scandal at the Ministry of Health arouses so much emotion. Having followed this case closely, and being a member of the legal profession, I take great exception at the insults being levelled at a noble profession. I feel that this shud be condenmed with the contempt it deserves. Ladies and gents, whilst I respect the views of the vast majority of well meaning Zambians blogging here, its vital that we are systematic and concentrate of facts as they are… The question we should be asking is, is there, was there a K10billion scam, K27billion scam or, a K1.9billion scam??
I take great exception with regard to insults being levelled at the legal profession in Zambia. As a lawyer, I feel that we need to all protect the very fabric of our democracy. What we should be asking ourselves is a simple question. Was there, Is there a K27billion scam, K10billion scam or a K1.9billion scam?
Was there a K27billion, K10billion or a K1.9billion scam??
Something tells me that there is more to this than meets the eye. As a lawyer, I have been following these cases very closely. By the way, I take great exception to the unwarranted disparaging remarks against our legal profession. Infact, I find it highly reprehensible that some of you who are in diaspora seem to think that you can insult people who have remained in Zambia with impunity. In my view, it all comes down to jealousy. I lived in England for 15yrs. It was a sheer waste of my time. Came off your bike and come home.!!!!
Thats me, being angry!!! Done!!! FACTS…….
There seems to be something rather personal between the Auditor General and Miti. What we should be asking ourselves is, how can the Auditor General go the Press and say that there is K10billion or K27billion missing at the MOH if she did not have the documents to back her reckless allegation???
Shani Ba Chansa?? Thats a good observation!!!! How did the AG say there was K10billion missing without proof??? Besides, I think it is personal between the AG and Simon Miti because there was the issue of expired drugs which was not resolved between Miti and AG.
The AG should be fired for incompetence!!!!! Good question Sampa. Is there a K10billion scam, K27billion or what???? The level of incompetence in Zambia is deep rooted. Even the Presidene jumped on the band wagon!!! Now we are being told the goods have been delivered!!! Shame….. I think the AG and Miti should not drag the whole country into this simply because they fancy each other…. Ha ha ha
By the way, there is a rumour that the AG is rather a shady character. She has a boyfriend in the UK who she visits at tax payer expense. Does it make sense that the AG can buy a house in England and allow the boyfriend to live there?? Where is this money coming from??? It is coming from victimising others whilst she gets the ‘allowances’. This is also corruption. But I guess she is a woman of substance heh?? The system is rotten to the core!!!!
Is it a 1.9 billion scam or a 27 billion scam?
#51 Mwaice Kadoli I am an engineer I deal with figures not reading between. All I am saying is that there was a vast difference between the quotation from the first bidder or supplier and the second bidder, Kapoko, almost twice. I agree that I am basing my analysis on partial information unless you are saying bloggers can only discuss an item when all information has been made available. Now you are saying in this contract there was a performance bond from Goldman Insurance. All contracts are time bound not open ended. How much was this perfomance bond which should have been forfeited on failure to deliver the goods which have surfaced kuma yard.
#51 I think we have all ageed that this contract was not properly executed and your analysis is that it was not properly executed because big people were involved. My analysis is based on what the lawyer said.
I wonder if the AG goes through the audit reports presentede to her by her operatives figure by figure and word by word. Something comes from her office is very authoritative and if she justs wants to be amking public statements like Chief GRZ Spokesman then I am afraid she is not fit to hold that office. The best thing she could if it is proved that her statement or findins were meant to settle old scores with Simon is very unprofessional. Careless statements are very damaging already Donors have withheld funding. How do they convience them to unblock their funding to MOH. One hand she is highlighting irregularaties by others she is also doing something wrong. The whole system is rotten and stinking to the bone.
Ladies and gentlemen, there seem to be confusion here. A few things to clear come misunderstanding. A limited company is separate entity from its shareholders meaning that there is no conflict of interest for a limited company to supply where Kapoko was working. A business name, which is not limited on the other hand can exhibit conflict of interest as the own and the company are treated the same. Legaly Kahekam did no wrong to bid. Another observation is that if there was corruption, Kapoko’s company could have won the contract initailly. The fact that his company came out second, means the business should have been strainght. It’s a pity the man can same anything because it will be prejudicial. But there is something happening which tells me they are just punishing the man and using…
I agree with Nsama. Its clear balemushupa fye kapoko. The Government could deal with this case with Kapoko outside jail. He is simply a clever civil servant. Most of them fikopo so they think Kapoko was stealing when in actual fact he was simply using his brains. Mind you he has an MBA too.