Monday, June 24, 2024

Kapoko acquitted: Prosecution failed prove its allegations beyond reasonable doubt, says Magistrate

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Jubilant kapoko celebrating freedom with family member
Jubilant Kapoko celebrating freedom with family member

There was jubilation in the Lusaka Magistrates Court today when former Ministry of Health Human Resources Officer Henry Kapoko and eight others were set free in theft charges relating to a contract awarded to Kahekam Limited for the supply of extra 50,000 of Mother-Baby-Kits (MBK).

The accused persons in the matter were Abel Katongo (A1), Anthony Mwila (A2), Royd Onde (A3), Justine Jasper Phiri(A4), Nobert Peleti (A5), Zukas Musonda Kaoma (A6), Henry Kapoko Mulenga Ngosa (A7) Freddy Chileshe (A8) and Christopher Nayenge (A9) charged with seven counts.

In delivering judgement, Senior Resident Magistrate Kenneth Mulife said having considered all the evidence in count four in the case, he was not satisfied that the prosecution had proved its allegations beyond reasonable doubt.

Magistrate Mulife therefore found Katongo (A1), Kaoma (A6) and Nayenge ((A9) not guilty of the offence of theft by public servant and that Kapoko (A7) and Chileshe (A8) are not guilty of the offence of theft.

He added that he found Kapoko not guilty of the offence of issuing cheques on an insufficiently funded account contrary to section 33 (1) (4) of the National Payments and Systems Act of 2007.

Part of the judgement said that the prosecution appeared to question the validity of the security bond and therefore that the K1980 billion was not secure when it was paid to Kahekam.

“My findings here are that it was not the concern of the ministry to inquire how the bond was acquired by Kahekam because the ministry was not privy to the concert being Kahekam and Goldman in respect of the security bond,” said Magistrate Mulife.

He added that the prosecution did not establish that the accused person intended to deprive the ministry the K1980 billion.

At this point he turned to the third count, which was based on allegations that the cheques bounced on February 13, 2009 when they were presented for payment because Kahekam bank account (exhibit P31) had insufficient credit.

“As noted the two cheques had a combined value of K198million and that he examined the exhibit P31 and that the findings are that the account opened with a credit balance of K254, 828, 154.06 an amount which is well above the combined value of the two cheques,” he noted.

Magistrate Mulife added that going by the exhibit P12 until June 1, 2009 the same bank account was enjoying an overdraft facility of K400m, in mathematical terms the combined effect of the credit balance allude to plus the overdraft facility entails that the cheques could have been chased and could have left the account with a credit balance of K456, 828,154.06

Magistrate Mulife said he found Nobert Peleti (A5) and Kapoko (A7) not guilty of the offence of money laundering contrary to section 7 of the Prohibition and Prevention of Money Laundering Act no. 14 of 2001 and acquitted them accordingly.

“I hereby direct that they be set at liberty forthwith,” he said.

He said in total that he had not found any fraudulent intention or illegality in the manner the K1980 billion was disbursed to Kahekam bank account.

102 COMMENTS

  1. Woow only in Zambia! All you gotta do is steal and invest in the ruling party or ruling party to be and all is well.

  2. I saw it coming.Only the poor are jailed pa Zambia while the big and loaded cuprits walk the streets of Lusaka as free men.A poor man steals a chicken from shoprite and he goes in for five years while a Kapoko type steals billions and walks away straight to the bank with his hands in his pockets.Smh :(

  3. This is interesting so this means that kapoko did not steal from ministry of healthy, if that is so then justice has been done. Why persecute an innocent man? But then if money was stolen who stole the money and where is it? RB was being blamed for this was it merely political, that his government was careless? Interesting story people may have to think twice about what they thought about the RB administration.Justice has been served.

    • This is pathetic. F**king tribalist! You can’t even be ashamed. 48 years after independence and we still judge ourselves on tribal lines. With *****s like “taliban” and his colleague being called Zambians, there is no hope for Zambia’s development. Why  can’t we unite as Zambians and deal with problems as Zambians. We have big economic and social wars to fight against other countries. Why waste time of petty tribal feuds. *****s!

  4. Very few blacks have reputation to suggest this man should walk scot free
    If you look at British prisons they are riddled with black prisoners, by virtue of his colour and those allegations are Iam shocked that he has been acquitted
    The justice system in Africa is corrupt, this is a joke. Especially considering the colour of his skin

    Thanks

  5. This is a big joke! You can’t call this justice for real. Money was stolen,and somebody stole it..if it’s not this Kapoko guy,then it has to be somebody,and it’s that somebody we have to know for the sake of justice to the Zambian people.

  6. Thisis a strange one indeed. Mutembo Nchito , what happened. Does this not fall under your office. I thought the Government even refunded the Global Fund , the money that was stolen. Can someone explain and where is Dr Miti? This judgement has marks of Chiluba’s aquittal written all over it. I smell corruption.

    So which money did the Government refund to donors? Is is kapoko going to get back all his Guest Houses? Wow it pays to steal I guess.

  7. WE MUST NEVER BE VINDICTIVE OF PEOPLE ESP. IF THEY ARE JUST INNOCENT AND ARE HARD WORKING. LIVES HAVE SINCE BEEN LOST E.G DR SIMPUNGWE, SIMPAYA, PHIRI AND MAY OTHERS. OTHERS HAVE SUFFERED IRREPARABLE DAMAGE TO THEIR PROFESSIONAL CHARACTER AND INTEGRITY AND SOME IN ADDITION HAVE HAD THEIR APPOINTMENTS REVOKED LIKE DR MITI. IF I WERE ANY OF THESE PEOPLE WHO HAVE BEEN WRONGLY JUDGED BY THE PRESS OR THE GENERAL PUBLIC, I WIOULD SUE THEM ESP. THE POST, CHIFUNGULA THE AUDITOR GENERAL WHO ALARMED THE STATE CAUSING THE DONORS TO WITHDRAW FUNDING LEADING TO DEATHS OF INNOCENT ZAMBIANS. THAT IS WHAT STUPID, JEALOUS PEOPLE DO BY CHEATING MASSES WHO EASILY ARE SWAYED. JUST WORK HARD AND DO CLEAN BUSINESS AND NEVER BE JEALOUS. NOW WHERE WAS CORRUPTION, AND WHICH MONEY WAS STOLEN OTHER JUST BEING LIES.

    • Yes mwana!! I was just scooping donor funds that were being thrown at MOH!!! Imagine Billions at my fingertips – all I had to do was create companies & nursing schools & medical courses & send all MOH staff to them, & get paid for providing the service!!! LOL!!! Twa lila mo!!!!! Twalia again!!!!

  8. Mushota, you sound like you really have a problem with skin color even you are blacker than black or an FBI – former black idividual (ie bleached)! You may be marrying a white man, you will ALWAYS be black and your sprogs will also be classified as BLACK!! Thats life in the UK they will be considered as ETHNIC MINORITIES!

  9. We saw it coming, why take a decade for a simple judgement? Kapoko lets meet tomorrow boyi for a drink up for being brave, now you can enjoy your money peacefully, witina nangu chimo you are free. 

  10. OK now who stole the money and where is the money now? justice is welcome but money yaliluba. muchilimudebwa, ine ndeloleshafye.

  11. Now Sata can appoint him, this all they have all been waiting for. We have always known that with the coming of PF in govt, Kapoko will walk free soon or later, actually it has even taken long. Someone put it right that invest in the ruling party and you are a free maniac no matter what wrong you do in Zambia. Bwafya sana kumushi kumwesu uku!

  12. Mutembo Nchito the King of Acquittals! Mutembo is a terrible Prosecutor. This moron should step us. He is a horrible excuse for a lawyer. Honestly what is the point of this guy who has so horribly failed to protect the public interest as a chief public prosecutor!

  13. Dont know what to say,but all the same am going to say something.kabili ni pa Zambia- we are a talk show country. I know some good for nothing,low life,poorly dressed educated poligamist from half bakery called HUNZA ‘ll say ”SATA is behind the washauti” give the man a break. so mwalaumfwa chimo ati kaponya, at least i dont head my uncle’s cattle, i sell sweets for a living and am independent mentali.

  14. This is exactly what is making business houses evade tax.I mean we pay taxes but is misused with impunity.Look at thefts in govt,by elections,overseas trips,workshops,free fuels for ministers,buying off personal to holders vehicles.surely in whose interest?Oh my God when are we going to have a President who will put a stop to all these kill the people activities?

  15. Get facts correctly. There was no Global funds money’s stolen. Go to ACC or MOH. The money’s refunded was those funds used to build infrastructure like the Blood bank at UTH and Kabwe Hospital. The other Global funds was moneys spent on allowances in accordance with civil service which Global funds refused to accept and the final global funds was this kahekam case were Kapoko has been AQUITTED. The baby kits were supplied by Kapoko but not completed when irresponsible arrests were made and hence matter stalled. Don’t be ignorant and be cheated. Go to court and get and read full judgement. I represent Global funds in Zambia.

    • Representing Global Nonsense is not an issue you thief. You are part of the rotten system and you are proud of it. Ala ububi kumenso

  16. DONT BLAME THE JUDICIARY!
    He was accused under the MMD Director of Public Prosecution. All that the new PF Prosecution team had to do was to weaken the case to reasonable doubt. Now, will his assets be confiscated under the ‘Proceeds of crime Act’ which has a less burden of proof?

  17. This case was a nonsense just at the beginning. How can you say a company that was awarded a contract to supply has stolen? Kapoka’s company supplied half of the contraband and was to supply the last half later. How can you say he has stolen? We told you that the case was just there to blind people. The real thieves at Ministry of health were Dr. Miti , the MMD of RB. Miti is the one who should jailed coz he is the one who was signing for release of money to bogus companies like Kapoka’s. 

    Peace and Prosperity to Mother Zambia.

  18. Iwe Truth. Hates, you are dull and an *****. You just hate Dr Miti. Which money was stolen by Miti and which bogus companies. Kapoko has just been aquitted. Leave Miti out of this. Chikala chawiso. If I was Miti I would inject you with Ebola virus!!

  19. There is NO way that this guy could have LEGALLY EARNED all that wealth in his SHORT life! Bring back SITET; ACC is incompetent.

  20. This magistrate is corrupt or is acting on instructions from Sata. He has mislead himself too. Look at his comment on the overdraft. He claims an overdraft is a credit balance. They should be consulting us accountants in cases like this one. Very useless magistrate.

  21. Mushota at it again.Exposing his or her inferiority complex.This celebral VD patient makes me laugh.She or he still lives in the slavery days where whites were considered superior.I understand.Whites saved you from chronic poverty .You are a house nigger without race pride.I would not eat you if you were a chicken.Muzungu wanga anikonda mentality.I feel sorry for you.

  22. If Liato could be convicted on the basis that he could not prove/justify where he got his money/property from then Kapoko should also be convicted. It is hard to believe that his civil servants salary was behind his accruing so much property and his extravagant lifestyle. No consistency in the judiciary!

  23. @MUSHOTA#8
    Please, people look at Mushota ‘s first sentence, she inserted reputation in that sentence or whatever that bundle of words is. That particular word in point has no relevance because it is not connected to anything she was trying to highlight in her racist rubbish.This woman is mad and needs to be closely observed, may be if we can gather some recommendations for her sickness it will be better for everyone. She is a danger to herself and an absolute nightmare to all of us. The best we can do is to cast those demons out of her soul.

  24. for what was kapoko charged . up to this day i do not know. was it. real baby dypers. how did he steal the dypers. who saw him stealing the dypers.

  25. I thought they arrested the other guy last week for being in possesion of property that was stolen by Kapoko.Am I dreaming or what ?

  26. @Mushota#8
    You little devil, how dare you hinted that I need to be massaged and you also insinuated that there is a certain section of my body which needs to massaged so as to stop me from talking about you. First, I have never talked about you and if so, where did I talk about you? or, Who told that I talked about? You know very well that I only write hard facts about you and the difference between writing and talking about something/someone is very distinct not blurred. Furthermore, you are predisposed to lying through your teeth and susceptible to gossiping. If you have feelings about me you must cast your demons first because you can strangle me in my sleep. Second, grow up because we are comfortable here in S.Africa.

  27. n delivering judgement, Senior Resident Magistrate Kenneth Mulife said having considered all the evidence in count four in the case, he was not satisfied that the prosecution had proved its allegations beyond reasonable doubt.——————What has this got to do with bemba the magistrate has stated that the prosecution failed to satisfy the court that the guys stole why bring up tribes when you have lazy prosecutors who cant win cases in the court of law. Please people Kapoko and his friend may have stolen but our prosecutors are lazy it’s now up to the state to appeal to the high court another batch of lazy prosecutors will fail us

  28. Empty Jail cells and make them brothels for this grey looking fools. What a rotten judiciary and the country. Rubbish to the core

  29. Anaifya akulu mpuno (RB) kucita instruct akapokola kuti ba mkate Kapoko popanda evidence, sembe banaleka bacita thorough investigation. Manje beve basi pa press conference iyai, iyai, mumkate Kapoko anaba. Anaba cinji lomba a bwezani? Why did it take that long for MMD to prosecute Kapoko, why did they fail? The simple answer is that the arrest and the charges were malicious as RB was busy hunting everybody linked to funding Pf. This is a lesson to politicians to be wary about abusing their positions. Ba WD naimwe you have really misled the nation on this matter due to your sensation report. Go to the courts and get facts not the falsehoods you are broadcasting. Viva Henry Kapoko!!!!!!!!

  30. @BOOM & WHATEVER#45
    Please,simple omissions due to fatigue. (1) ‘my body which needs to be massaged…’ in the first sentence and, note that a simple verb known as ‘to’ was omitted. (2) There are two omissions in the third sentence of a noun known as ‘you’ and the sentence should be read as follows: Who told you that I talked about you?. I have carefully highlighted the omissions in the original sentences and sorry for the inconviniences caused.

  31. Thank you magistrate!!! You are number one on my christmas list!!!!!

    I was just scooping donor funds that were being thrown at MOH!!! Imagine Billions at my fingertips – all I had to do was create companies & nursing schools & medical courses & send all MOH staff to them, & get paid for providing the service!!! LOL!!! Twa lila mo!!!!! Twalia again!!!!

  32. @46 you could not be far from the truth! We need SITET back, quick, fast and furious. When I saw the heading of this judgement, SITET immediately came to my mind. I really did not expect this chap to go to jail following the ascendancy of PF to power since Kachepa has it that there may be some relationship somewhere in mpikaland. We need SITET. Do you know that SEC in USA is also just another eye for GOVT and it brings culprits such as Lehman Brothers to justice. Honestly, the judge errored in his judgement because despite his assertion of the prosection not being privy to the business transaction, isn’t there common sense in law? How can a civil servant whose salary is less than K2million secure such huge amount in bond? COMMON SENSE IS GOD GIVEN AND COMES FREE OF CHARGE

  33. When MCS wanted to bring some sanity in the corrupt judicial system,you called him names and said all manner of phrases. Now HK is free you again start putting innocent people into the mud.Countrymen be fair to yourselves.

  34. Who does not know that Kapoko was is a hard-cre PF supporter. He is a big PF backer and remember the time of campains? PF would have their meetings at his lodges and when ZESCO shut down power at one of PF’s rallies, the generator that was used was Kapokos. Viva democracy, Viva transparency……let us all loot what we can!

  35. Even FTJ would have been acquitted of all charges had he lived under this Pf govt. If anyone has doubts with my statement jus follow the Chungu and Mwamba(FTJ’s spokesperson) cases. This is a govt formed by the thieves, for the thieves and dominated by the thieves.

  36. As the common saying goes- (if a Bemba steals he is termed as a hero but if any person from other tribes steals he is a thief and condenmed.Who can believe this Kapoko guy could be acquitted,how did he get his riches a mere kambwanga.Margistrate, how much did you raise from Kapoko.

  37. Don’t cry foul.You were busy defending the judiciary when HEMCS appointed a tribunal to probe the conduct of some judges.

  38. Acoording to UPND, the Judiciary is above board. They were busy defending the suspended judges. Waiting for a comment from HH Kadansa

  39. I dont mean to judge ,1 may appear clever today ,judges judges may be corrupt but never forget judgement day will come bane!!!!!!!No corruption i feel the LORD is taking long to come.Advise to H.K pliz turn to the Lord deep down your heart you know what u did and who u made whatever with Pliz repent the almighty may spare your soul.

  40. Free convict sentenced to life outside prison walls and ordered to go steal some more and donate to pf. Zambia a safe Heaven for criminals..

  41. No 16 HITO i totally agree with you,how do you jail someone for a tender that was awarded legally? A lot of people have suffered irrepairable damage to their characters because of overzealousness on the part of Anna Chifungula,todate funding for Health has never been the same.I hope we have all learnt something from this.

  42. @BOOM and Mushota,

    You two must observer cease fire, its destructive and distracting. Mushota is engaged to Nick, we are told not sure about BOOM in RSA….shed more light. Both of you are living in multiracial nations,typo error will come if you are enraged when writing..

    I demand civility and Mushota, you take blogging to another level, but please remove the black/white nonsense, as a PHD scholar,u should know that racism is no barrier anymore.

    Boom you are containing Mushota well, but do so with love to your sister, remember she is engaged.

    Thanks.

  43. Human Resource Officer in the MOH amassed Billions of un explained cash and he is aquitted. So stealing does really PAY.

  44. Ati how did he get those riches and wen the same question is asked about how HH got his riches you say, ni victimization, baba just work hard. Having known SNR Magistrate Mulife (LOZI) during our UNZA days and at immigration he is not some one you can bribe easily and he knows the law fairly well. The Post just dramatized Kapoko’s case and by this time Kapoka could have been one of the richest zambians coz abena MIKA bali abaice

  45. When this case came up, I hated Kapoko and considered him a thief until when I interacted with someone who has know Kapoko for many years. The man is a very serious business man. He had money even before joining the Ministry of health and he has alot of businesses which most people dont know about. He started business way back at a very tender age. those who know him will agree with me. The problem we have in Zambia is we take what is reported in papers as gospel truth.

  46. If I remember this guy had tonnes of medicine at his house. Even this was not evidence! Looks like the magistrate was bought.

  47. @Kangwine#74 I am a divorcee and I have been intimately involved with our local women here in South Africa. I do not trust them anymore be it a white woman, a black woman. a cloured lady (Cape malasie) or an indian woman.The mentality is the same and it is not because they are ugly but I have at least shared my concern with the masses. I am looking forward to marrying a Zambian lady in the future and her ethnicity is not an issue to me provided that she is Zambian and educated. I do not want to go through the same traumas of the typical verbal abuse orchestrated and executed by our women here in South Africa, let alone a racist woman. Our women can go to hell for all I care. I have duaghters too but I am not a pretender and I have no room for junk discourses from our sisters here.

  48. Remember MOH was blacklisted and Governernment had to pay back to the donors in order for them to again begin getting grantss? The truth is that Money was stollen, when is th former PS MOH? whay was he fired? Money was stollen!.

  49. this brings a very sad moment,how can a man like that be set free…for sure the law in zed is only meant for the poor

  50. well sad or not the kapoko case should trigger proper control systems to avoid such plunder,SITAT WAS an institution that was incharge riches inquiry not that they prohibited but you justify,as long as you have week controls in govt and judiciary forget any justice.Parliament help propose controls and stick to them please.

  51. This sounds like the case of that man who cultivated chamba pa farm, and then aquitted. President Levy pressured the jugde to resign. This goes to show that our some of our judges are on the take. Stealing and corruption are very much in fashion in Zed. Who will save Zambians????

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