Two more witnesses have testified in the matter in which an incarcerated Kabwe businessman with two others are facing charges of bribing a law enforcement officer with a sum of K10, 000 to discontinue investigating him.
It is alleged that Mubita who was facing criminal charges in the Kabwe Magistrate was arrested by the Anti-Corruption Commission at a named lodge in Kabwe whilst trying to induce an officer, Osward Silungwe who was dealing with his case.
This is in the matter of the people versus Kelvin Mubita, Mubukwanu Maliwa and Kenny Mutakulwa who are charged with two counts each of Corrupt practices with a Public Officer contrary to section 19(2) as read with Section 41 of the Anti-Corruption Act No.3 of 2012 of the Laws of Zambia.
Particulars of the offence were that, Kelvin Mubita, Mubukwanu Maliwa and Kenny Mutakulwa on a date unknown but between 1st and 31st July, 2024 in Kabwe District, jointly and whilst acting together, did corruptly give Chief Inspector Osward Silungwe, a public officer under Zambia Police Service Division the sum of K10,000.00 cash gratification as an inducement to discontinue the investigations against Kelvin Mubita , withdraw a criminal matter where he was an accused.
The inducement was also meant for the officer to return the seized motor vehicles and cash amounting to K488, 200, a matter that concerned Zambia Police, a public body.
In the second count, it is alleged that on the same dates in Kabwe District, the duo jointly and whilst acting together, did promise to give Osward Silungwe a sum of K2, 500.00 cash gratification as an inducement upon the release of the seized motor vehicles and cash amounting to K488, 200.00 a matter that concerned Zambia Police service, a public body.
And when the matter came up for a continuation of trial before Resident Magistrate Gloria Chipasha, the state called in two witnesses to testify in the matter.
Taking a witness stand at first was Osward Silungwe, Chief Inspector told the court that on the material day, he and other law enforcement officers met the duo at Kabwe’s Pilgrim Lodge where he was given the money by the accused.
Silungwe who recorded all the proceedings on a hidden Sony tape recorder, produced and submitted the recordings which were played in hearing of the court.
In one of the recorded audios, the court heard Silungwe counting the 100 Kwacha notes given to him by one of the accused persons before he was interrupted by an officer from the ACC, Gift Tembo who arrested them.
Silungwe also testified that he, and Temani Jere and Edgar Simonze only paused as if they were interested in the bribe as part of the ongoing surveillance investigations in the matter.
Silungwe later transferred the audio content from a recorder onto a Compact Disk (CD) from the ACC office, where he left them with a duplicate copy before proceeding to his office where he kept the recorder and another copy under a lock and key.
Under cross examinations, Silungwe was asked by the defense lawyer whether he had kept the CD and the voice recorder under the seal to avoid being tempered with but said he was not aware of that process.
Defense lawyer from Legal Aid Board of Zambia Keith Katazo also asked Silungwe why the information was showing that the CD was modified on January 1, 1995 and not on the 11th July, 2024 when the actual recording took place, Silungwe could not come up with any explanation.
The second witness to give his testimony was Temani Jere, an investigations officer at ACC, Kabwe offices who told the court that he was assigned to investigate the matter of corruption by his office after a tip off from Silungwe that Mubita had been contacting Silungwe offering him a bribe.
Jere said a surveillance was planned and on the material day in which the three law enforcement officers; including himself, Silungwe and Monze followed the suspects at his garage but later relocated to another location for fear of being spotted by the public.
Jere also stated that he helped in writing down the serial numbers of the confiscated K10, 000 bribe notes on the ACC form 12 which was being used in court as part of the evidence.
Jere told the court that the money was produced by Mutakulwa who chaired their meeting before he handed it over to Silungwe.
Jere added that apart from the K10, 000 which was seized, the duo was searched and K4,800 was recovered from Kelvin Mubita, K480 from Mutakulwa Mubita and a K61 from Mubukwanu.
Under cross examinations, Jere was questioned by counsel Katazo if he also recorded the serial number of the money which were found on the three accused, he declined.
Jere was also questioned why he did not identify any of the three suspects brought before the court if they were the same people he was referring to but could not give any concrete reason. He was also asked if he had any proof pointing to the accused committing the said crime and why he did not show the court the form 12 where he had recorded the confiscated money serial number, but again no satisfactory answer was given
Magistrate Chipasha has since adjourned the matter to February 23, 2026 for a continued trial as more witnesses are scheduled to testify in the matter before the prosecution closes its case.
Two of the accused persons remain on police bond except for Kelvin Mubita who is in prison serving a jail sentence for another crime.
The accused persons are being represented by Senior Counsel Keith Katazo from the Legal Board of Zambia and the case is being prosecuted by Anti-Corruption Commission’s Prosecutor Chawezi Martha Nalwenga.
