Lusaka Principle Resident Magistrate Obbister Musukwa has recused himself from handling the case in which Lusaka Province Patriotic Front (PF) youth chairman Kennedy Kamba is charged for proposing violence during the November interparty clashes that left one man dead.
Magistrate Musukwa has since referred the matter to the Chief Resident Magistrate Joshua Banda for re-allocation.
This was when the case came up for trial today.
This is the second time that commencement of trial in the matter could not take place because state witnesses failed to appear before the court to testify despite being issued with summons by the arresting officer.
The magistrate had strongly warned Kamba during his last appearance in court not to interfere with the witnesses when they failed to appear before the court due to alleged threats.
Kamba, 39, who is also a Lusaka businessman, is charged with one count of proposing violence contrary to the laws of Zambia.
When the matter came for commencement of trial before Magistrate Musukwa today, the two witnesses who were supposed to testify were not present.
The arresting officer in the matter, Kezzy Siame, who is a Criminal Investigations Officer from Ng’ombe Compound, said he issued the summons directly to witnesses who assured him that they will appear before the court today.
Mr. Siame said one of the witnesses, Immanuel Chola, had his phone switched off when he was contacted this morning.
The arresting officer further said the other witness told him that the Munali Constituency Chairman had stopped him from coming to court saying it was not necessary for him to appear before the court because they had a meeting where they were trying to reconcile over the matter.
And defence lawyer Abraham Mwansa said what the arresting officer said had no bearing on the accused person as he was not aware of the alleged reconciliation being talked about.
Mr. Mwansa said the reconciliation story was not brought to his client’s attention.
The magistrate said it was clear that there was interference in the matter despite the defence team trying to defend its client.
He wondered how the chairman could talk about reconciliation over a matter which was in court.
And the prosecution team has applied to the court that the Munali Constituency chairman, who was said to have stopped someone from going to court, should be summoned to explain to why he was stopping the witnesses from coming to court.
And in his ruling, magistrate Musukwa said he had taken note of what was said by both parties and the application by the state.
ZANI
This Kamba is Kabimba, Mmembe and Chimumba’s boy. With GBM on the sidelines, their star is in ascendancy and they now believe they can get away with anything as they are above the law.
It is such a shame that the Magistrate has decided to rescue himself. That is a sign of cowardice, although it just shows how the judiciary is frustrated with PF involvement in their affairs. This is really sad. The Magistrate should have just ordered Kamba to be locked up after being warned last time.
The Magistrate, by running away from the case, has set the bad precedent and all these Kaponya will now believe they can get away with murder. This is dangerous for Zambia
I am also shocked and disappointed by the courts trying a lot of Bembas, why does zambia dislike Bembas so much
I know WE have ruled this country more than any other tribe but this thing of taking us to court is an insult to our tribe, our province and our ancestors being the anchor of this country
I am incensed
Thanks
@mushota
Zambia has gone tribal now… kennedy kamba is kalubale related to masumba!! bembas have refused Father Bwalya that he is half tonga and related to HH thats why he was arrested in kasama,, GBM is now Zulu related to Zuma in south africa.. i hear sosala is going to be a chitimukulu in choma , thats why Sata wants to arrest HH becuase Chitimukulu wants to relocate to choma…
reading between lines, i think a noble law abiding citizen can act in a such a manner. Bearing in mind that one individual actually died and his body seemly stolen secretly by allergy people to circumvent justice.
What do you do? Resign and start other law firm.
@Mushota…ha ha ha…you have really cracked me up.Lol
Ki ki ki ki.Nice one Mushota
@Mushortage,
Am shocked to learn that you are Bemba by tribe, I thought you were not even Zambian according to what you have told us, welkom back lost child! Though I laughed knowing that you are just trying to pull our legs!
@ Ndobo,
I couldnt help but got so annoyed with that Bulaky like Nsanda…..
The resident magistrate has acted with her/his judicial rights to recuse himself/herself from the court procedings in this criminal trial, he/she might have cited personal reasons or biasness. Furthermore, the Munali Constituency Chairman must be arrested and charged with scandalising the court, tempering with statewitnesses and contempt of court. The two statewitnesses must be apprehended and each charged with one count of contempt of court. The magistrate’s recusal, merely means abstaining herself/himself from the said criminal trial after providing reasons which satisfies societal conviction. Besides,if the accused acted in the manner that satisfies the definitional requirements of the crimes created by legislation,the accused must be given additional criminal charges as created by…
@mushota
ahahahahahahahah!
Why not lock this Kamba thug up? The magistrate s withdrawal is a sign the judiciary is giving in to PF’s power. This isnt good for our nation.
Kwena these guys are playing with our democracy. You recuse yourself instead of dealing with the criminal!
what is the munali chairmans name?
Bloggers have you really carefully looked at Mushota’s photo? Muhota is actually a man in dreadlocks. So you know why this Nick thing is all about now.
A woman of Makeni Villa of Lusaka was last Friday discovered in a partially decomposed state suspected to have been murdered by her husband.
The incident happened in the night of 07th January, 2014 at unknown house number of the above address.
The body of the deceased, Josephine Lishibashi aged 35, was discovered around 21 hours on 11th January, 2014 with a deep cut on the head and broken hands by members of the public who forced the door to the house open after they detected an offensive smell emanating from the house.
The suspect, who has been identified as David Chanda, aged 40, has since run away carrying with him a seven (07) month old baby.
Police are urging members of the public with information about the whereabouts of the accused should inform the nearest police.
Meanwhile,…
@ Me,
Sad developments mwe, only some of us are trying to get some sleep may find it hard with such news, anyway a relaxing movine will do.Shouldnt LT be reporting that news though? Just wondering.
@mushota u have joined the tribalism of the scots,am not impressed!
The sooner justice prevails the better!
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