THE Lusaka High Court has upheld the conviction slapped on former Ministry of Health Chief Human Resource Development Officer, Henry Kapoko and two others for theft by public servant and money laundering involving K6.8 million.
However, the convicts will only serve nine years on both counts instead of the initial 18 years. This follows the High Court’s decision to quash the Magistrate’s mode of sentencing from consecutively to concurrently
Judge Mathew Chisunka sitting with two other judges has also upheld the decision by Magistrate Exnobert Zulu ordering the convicts to pay back the K6.8 million.
Meanwhile, the court has set free Justine Phiri, an internal auditor and Vincent Luhana, an accountant, after finding that the offence of theft by public servant had not been proved against them.
The High Court found that the two were merely acting on instructions from their superiors and despite being negligent, their actions could not be said to amount to theft by public servant or money laundering.
The two were, therefore, acquitted of the offenses laid against them and the convictions were quashed.
For Kapoko, Zukas Kaoma, a former acting principal accountant and Evaristo Musaba, a former chief accountant, the court found that their grounds of appeal failed because the prosecution proved its case against them.
In quashing the mode of the sentence, the judges said that the mode of sentencing passed by the Magistrate came with a sense of shock to them because it was not the right principle to order that the sentences run consecutively.
“We quash the mode for sentencing to run consecutively instead of concurrent. The sentencing came to us with a sense of shock because the correct principle is that they should run concurrently,” Justice Chisunka said.
The court said the lower court could not be faulted for imposing a custodial sentence instead of a fine as there were aggravating circumstances, considering that there was the commercial gain from the theft through the proceeds of crime.
Justice Chisunka said the grand theft by the trio led to the donors pulling out, with the vulnerable not accessing proper medical care.
In this matter, Kapoko and five others were facing 20 counts of theft by public servant involving over K6.8 million.
The suspects were also facing 49 counts of money laundering involving 24 vehicles, two lodges, three houses, a filling station and several bank accounts, among other things.
Magistrate Zulu found them guilty and sentenced them to nine years imprisonment on each of the two counts but the five being dissatisfied, appealed to the High Court.
This is a lesson to others. The long arm of the law will catch up with you.
The length of the arm of the law is neither short nor long when the law is not blind.
We thank the law. We thank our legal system which is sovereign and upholds the rule of law. Theft in public office is as serious as treason. That money those chaps stole would have been used for more serious things in the health sector. It is only under pf that such high profile convictions have been made. We have 0 tolerance for theft. This is welcomed. Kwashala hh and privatisation funds. Kz
Are you kidding me? You and your minions surely take Zambians for baboons huh??
Death sentence would be the best for African leaders to realise the danger of theft
Majority of P.F G00n’z will soon be dancing to the same pelete /music K@p0ko is dancing to now.
Mw@nya!!
@ Kaizar,your time is coming also..The same legal system will deal with you..Iwe it will be 25 to Life..Mark my words
This is a guy that wouldn’t be touched because the used to host PF functions at his lodges . If A tells me to kill B and I do it ,I’m just as guilty as A the person that sent me . There were a lot of people involved in this who are probably enjoying the freedom on the streets of Lusaka because of our weak justice system .
Next is Chitalu Chilufya, Ronald Chitotela and other PF chaps. Watch this space
Iwe ka Kainyokola Zulu, u tlokomele suntwe yebo! As soon as Chagwa agwa and flees to eSwatini, we shall capture you and drag you before the same court. For you the verdict will be death penalty and we shall kill you before a full independence stadium by firing squard. We shall also make sure a registered doctor is on hand to certify and declare that your sorry stinking as.s is well and trully dead!
These should be warnings to those that are plundering public resources
Hooo so that Kapoko is still alive? That theft was 15 years ago!
Roy mudenda thanks for proving me right when we say that upnd is a ruthless dictatorship that sees no problem in doing whatever it takes to hold on to power, even if that means killing people. Thank God your demigod will never be president of this country. Seek God and cleanse yourself from that tribal hate
Don’t worry Kapoko Edgar Lungu and his mafias will join you in prison after next year and for them its grand theft they may be sentence 50 years each. We have serious evidence. We know them. PF must go!
Amos Chanda and Soko Will soon join you as well. I will tell them to bringing some good news that Bally is taking over from lazy Edgar Lungu and his aunt Inonge Wina. We shall make sure that you’re informed on our development agenda for Zambia. PF must go!
HH will be your next HOS meaning all those hinding in pf who have committed offences like burning of peoples houses, gassers, ghost owner of 49 houses, fire tenders, forest 27 etc etc and are free will be brought to book.
Comment:note that lungu will win bare this in your mind
KZ leave HH alone. He will be your President next year.
This is one of the guys who created a bad name about Zambia lack of integrity and honest to the donor community about corruption in Zambia that led to their withdrawal of health donor funding. Consequently, many Zambians suffered and died for lack of medicines in hospitals. Kapoko, a junior human resources officer was under supervision of Dr Simon Miti, current Cabinet Secretary. This is how weak our judiciary has become, where PF regime were holding meetings at Kapoko lodges probably without paying costs. So, Kapoko was funding PF regime with stolen money from GRZ. PF was/is comfortable with that. However, bad karma has its way, Kapoko will serve a mere 9 years at best 4 years. He is a convict, like late president Fredrick Chiluba. What Zambians want to know is where is the arm of law…
on people who supervised Henry Kapoko? Dr Simon Miti to whom Kapoko was reporting was even promoted to Secretary of Cabinet . Dr Miti was aware the dealings of Kapoko, probably with his (Miti) approval in stealing donor funds. Just as the internal auditor and accountant were merely carrying instructions from above, now acquitted, Kapoko dealings were with instructions from above. This is how weak the system has become under PF regime. Another thief freely roaming the streets is Kaizer Zulu. In his case its an elephant in the room. president Edigar Lungu is shielding him to any form of justice. KZ insulting well meaning citizens will not insulate you as public enemy of Zambia. You or impostor, Zambians will not forget that you have harassed, beaten, maimed, humiliated, kidnapped, fired…
Finally justice has prevailed. Indeed we have a competent judicial system despite some disgruntled individuals saying the opposite; for to them justice is when the courts rule in their favor.
guns and shot Zambians and dehumanise Zambians. Zambians deserve justice and time is coming to get it. Cleansing yourself on this site will not wash up, records, living witnesses exist and testimonies will be in your face.
The appeal was done in October 2017?
Civil servants this will be you…the politicians will get away scot free whilst you rot in jail and you didn’t even get the lion’s share. I hope that PS at Ministry of Health is reading….those are the biggest thieves that need to caged.
@Tarino Orange
His name is Miti……he was supposed to be in jail but Lungu again awarded his a big post…he works at State House…
kz,chitalu chilufya,ecl and others are joining u kapoko.don’t stress. kz,will give him life sentence
Yes bandit Dr Simon Miti….he is the one that stole even more money but since he is connected he is untouchable…Politicians are all full of nonsense now even here in the USA the Judiciary is so corrupt and biased…..
And yet KAIZER ZULU walks free. If Sata was still alive this man would not have seen the inside of jail. Kapoko provided a lot of support for the PF during their campaign, since the PF has a lot of influence they should push for this man to be considered for house arrest.
Ba Chisunka this should have been 20 years actually. What is 9 years for someone who has caused such economic chaos for a whole nation ?
Justice Chisunka said the grand theft by the trio led to the donors pulling out, with the vulnerable not accessing proper medical care.
Anonymous – Miti has been rewarded with a bigger position of Secretary to the Cabinet…my warning was for the current PS at MOH who is Chilufya’s close friend.
I feel for PF officials especially that they have sold all the Prison land in CBD so they will have to travel from Mumba every week.
@Tarino Orange
Thanks for pointing it out and i see Chilufya and his cohorts at MOH becoming multi-millionaires in just a few months…this PF bandit government is finishing Zambia
Anonymous – The worst part about it, is that you can never pin anything on a minister under the current law as they don’t sign off on the cheques and procurement its the PS and civil servants like this poor chap Kapoko.
What does it profit a man rooting government coffers for a short period of time then spends all his adult life defending himself in the courts of law and eventually jail. At the end of it all he spends the root on paying the lawyer. The lawyer is a winner. It is like he has been stealing on behalf of a lawyer.
This is a lesson to those thinking they are powerful today, they are above the law, they dine with the president, the likes of KZ. TIme will come for you as well.
The article is about kapoko, the dull ones are talking about KZ. Should I hear peeeeem!
Simon miti must be answerable too. How can he not know what his junior was doing? How possible is that? Either miti is too incompetent and should be fired for what went down under his watch or he knew too well and was involved but he is related to some big fish in govt who made swift moves to protect him. Something is not right here miti doesn’t deserve to be still working.
High profile? Really dull chap. Justice delayed is justices denied.
There is also fault in the reasoning for a custodial sentence. So if the donors had not stopped funding the resultant cause, a fine could have been justified. So this guy, KZ, CC etc should pay if they are no consequences from the donors. Makes no sense at all.
chichi – it is because of greed …even a stuff Honey badger will not eat all the honey when it raids a bee’s hive..do you think people like those in govt today the Kampyongos and teenager Tasila see a point where they will be on the streets like Newstead Zimba? To them its everyday Christmas buying Fire Trucks worth $200,000 for $1million and Ambulances for $280,000 worth $50,000.
KZ, don’t think you are hiding, at the right time will serialise your diary of crimes committed to Zambians to join your fellow thief Kapoko in prison.
I felt sorry for the bus driver who was attacked and beaten by KZ. He was beaten in front of school children, to some school children, the bus driver was their hero but on that day, he wasn’t.
Just for that one crime KZ did, I would want him to be imprisoned or worse off taken to the gallows.
KZ, your days are numbered.
Haha good luck my friend. I am not anything special and if you had any evidence at all, I would be behind bars. Since you saw me beating someone in this day and age of camera phones, why haven’t you submitted the evidence to the authorities? Because for me I can get you done for malicious statements. Bring the evidence you have. Kz
But iwe Kainyokola Zulu, why are you so tribally bigoted against HH? Did your whoring mother choke to death while trying to swallow HH’s cum during a frenzied oral job? And by the way, you’re such an ugly SOB, why is your nose as big as that if a probosis ape & eyes red like a baboon. Anyway, you’re a rabid baboon!
KZ nankwe baka mulonga, just be patient
My question is shinga bamipele you judges to reduce the sentence to that level? So justice is only for the people with money and in the corridors of powers that may? Really?
These Judges seem to follow the law when its simple civil servants. Politicians are not treated the same. Uyo Nevers Mumba, let go after finding him guilty. Chitotela, no case to answer after proof of getting money from Chinese. Chiluba & Rupia walked free. Today permanent secretaries have more money than the ministrys they run. Ministers are billionaires.