Deputy President of the Court of Appeal Judge Chalwe Mchenga has dismissed former Chilanga UPND member of parliament Keith Mukata’s appeal against his conviction and sentence.
Sitting in Kabwe this morning, Judge Mchenga threw out Mukata’s 14 grounds of appeal saying there was malice when he concealed the firearm.
In February last year, Lusaka High Court Judge Susan Wanjelani sentenced Mukata to death by hanging for the murder of his security guard Namakau Kalila Kwenda, but acquitted his co-accused and lover Charmaine Musonda on all counts.
Justice Wanjelani ruled that the fact that three cartridges were found inside the gate confirms that the deceased was shot by a person face to face.
She said it is established that the wound was caused by a gunshot from Mukata but the question is whether there was any malice forethought.
Justice Wanjelani said it is common cause that the deceased was facing his killer at close range and that she finds that the deceased could not have been killed by a gunshot from outside the gate but from inside.