The Kenyan election authorities have requested Zambia’s fourth President Rupiah Banda to reach out to Kenyan political leaders and advise them against issuing any statements that might plunge the East African country into chaos after Monday’s general elections.

Independent Electoral and Boundaries Commission (IEBC) Ahmed Isaack Hassan made the request when President Banda, who is leader of the Carter Centre international election observer mission at the Kenyan elections, paid a courtesy call on the elections chief.

Mr Hassan said his commission had done all that it could to ensure the holding of free and fair elections and hoped that all political players would play their part in ensuring that peace is maintained both before and after the elections.

“We like to ask you, as former head of state, to appeal to the presidential candidates to avoid wild allegations of rigging. This could spark the problems we experienced after the 2007 elections. But so far, there’s no motivation for violence,” Mr Hassan said.

This is contained in a statement to ZANIS , today , signed by the Fourth President ‘s Deputy Administrative Assistant Kennedy Limwanya.

Dr John Stremlau the delegation co-leader and Carter Centre vice-president for peace programmes, Dr David Pottie, who is associate director of the Carter Centre’s democracy programme, and field office director Stephane Mondon, accompanied President Banda to the IEBC offices.

The former Zambian President later held a meeting with the leaders of the election observer missions from the Commonwealth, European Union (EU), African Union (AU), the East African Community and the Great Lakes region.

The meeting, which was chaired by AU Commission chairperson Nkosazana Dlamini-Zuma, included leader of the Commonwealth observer team and former Botswana President Festus Mogae, former Mozambiquan President and leader of the AU team Joaquim Chissano, and EU team leader Alojz Peterle.

President Banda concluded his day’s programme with a meeting with Chief Justice of the Supreme Court Willy Mutunga who assured the Carter centre delegation that the Kenyan Judiciary had no option but to deliver efficiently in order to restore the confidence that was eroded in the 2007 elections.

Kenyans go to the polls on 4 March in the first general election since the disputed contest of December 2007 unexpectedly exploded into violence.

During the elections Kenyans will choose a president, members of parliament and senators, county governors and members of the newly formed county assembly.

According to the BBC reports, Kenyan President Mwai Kibaki will not be seeking re-election.

Prime Minister Raila Odinga, his partner in the uneasy coalition, is a front-runner in the presidential race. The post of prime minister – created in a peace agreement negotiated by UN Secretary-General Kofi Annan – will cease to exist.

ZANIS

Expelled Mafinga MMD MP Catherine Namugala has revealed that Dr. Nevers Mumba has allegedly started asking MMD MP’s to increase their monthly contributions to the party in order to support his flamboyant lifestyle.

Mrs. Namugala told a media briefing in Lusaka yesterday that the move was selfish especially that most MP’s have to finance their constituency programmes using personal funds and are also fighting expensive election petitions.

“This man’s lifestyle is very expensive and he is now asking MP’s to start contributing K3.5 million to the party so that he can continue living flamboyantly.”

Mrs Namugala also called on party members to demand for a fresh convention before the former ruling party goes into extinction.

She said that the dismal performance of the MMD in the just ended Mpongwe bye election is confirmation that the party is doomed under the leadership of Dr. Nevers Mumba.

“This is hard for us MMD members to accept that our party which has just been out of power for a year and half can come out number three in the Mpongwe, a seat it won by a landslide in the general election,” she said.

She said in Luswishi ward election in Mpongwe, the MMD polled a pathetic six votes only three votes better than UNIP which received three votes.

“How can the mighty MMD even fail to field candidates in eleven ward bye elections?”
Mrs. Namugala said the Mpongwe results should serve as a wake up for MMD members to realize that their party is dying.

“Our party is dying and Mpongwe is a wakeup call,” she said.

When contacted to comment MMD president Dr. Nevers Mumba maintained that views expressed by expelled Mafinga MMD Member of Parliament Catherine Namugala’s splinter group does not represent the views of the party.

Reacting to scathing attacks from Ms. Namugala after suffering another humiliation electoral defeat in the Mpongwe parliamentary and other Local Government by elections, Dr. Mumba who was reluctant to respond to the attacks said it was wrong for journalists call the group a faction because they are not part of the MMD.

Dr. Mumba told ZANIS in an interview last evening that Ms. Namugala’s group was expelled from the party hence its views does not represent that of the party before referring the reporter to get a comment from newly appointed Communications Director in the Office of the party president, Muhabi Lungu.

And when contacted for a comment, MMD Communications Director in the Office of the party president and National Executive Committee (NEC) member, Muhabi Lungu said the party is focused on reorganizing its self.

He challenged Mrs. Namugala to officially join the ruling Patriotic Front (PF) instead of sowing seeds of discords within the party.

Mr. Lungu who is also immediate losing aspiring MMD Lusaka Central parliamentary candidate, dismissed assertions that the former ruling party was heading for political oblivion under Dr. Mumba’s leadership.

He justified the defections of some MMD parliamentarians and other members to the ruling PF saying it was difficult to gain back public confidence premised on the electoral pledges that the PF made to the voters.

Mr. Lungu explained that it was normal for a defeated ruling party to lose members to the PF following the ruling party’s vigorous campaign against the party prior to the elections.

He however pointed out that Dr. Mumba’s faction is working tirelessly in order to restore public confidence so that it can challenge the ruling party in future elections.

And on calls from the splinter group to hold a national convention, Mr. Lungu said the party has hold two national conventions within three years that ushered in the Rupiah Banda and later Dr. Mumba in office.

He added that the party would not succumb to the group’s demand and accused Ms. Namugala’s group of fighting Dr. Mumba and the MMD on behalf of the ruling PF party.

United Party for National Development (UPND) Member of Parliament for Kalomo and Director of strategy and mobilisation Request Muntanga had been released from custody due to insufficient evidence linking him to the the murder of Patriotic Front (PF) cadre Harrison Chanda.

Southern Province Commissioner of Police Charity Katanga confirmed to the media in Livingstone today. Mrs Katanga also said that over 10 other UPND members that were arrested and screened to help the police with investigations in connection with various offences linked to the murder were released.

She said that among those that had been released were UPND Livingstone district spokesperson Neto Halwabala and party chairperson for elections Ackson Sejani.

Mrs Katanga also said that, despite being re-arrested on Friday, William Banda has been released on police bond and is awaiting court appearance soon.

She said that Mr Banda had other offences in Lusaka which are being investigated.

Mrs Katanga said that 13 people had been released after being screened by the police.

She said that one person that was not a member of the UPND had been arrested for conduct likely to cause breach of peace.

Mrs Katanga also announced that nine people had been charge for obstructing a police officer from carrying his duty and were on bail.

And yesterday, Magistrate Chola Musonda ordered the prosecution handling Mazabuka Member of Parliament Gary Nkombo’s murder charge to obtain necessary instructions from the Director of Public Prosecutions (DPP) within 14 days from yesterday so that the matter can be promptly tried in the High Court.

Magistrate Musonda said in default of his order, a preliminary inquiry shall be held by the Livingstone Magistrate Court in accordance with provisions of section 223 of the criminal procedure.

He made the order yesterday when Nkombo, 48, of 39B Mulungushi Road in Mazabuka, appeared for mention on a murder charge contrary to the Laws of Zambia.

It is alleged that Nkombo on February 26, 2013 at Livingstone in Livingstone district of Southern province in the Republic of Zambia jointly and while acting together with others unknown, did murder Harrison Chanda.

Magistrate Musonda said the offence which the accused has been charged with is not bailable and it is of paramount importance that he is tried expeditiously in the High Court.

He said his experience had shown that suspects faced with the same charge of murder, had ended up languishing in remand prisons without being committed to the High Court for trial.

“This case will be for the High Court to determine in an event that the case is presented before the said court for trial.

It is my view that all players in our justice system must be vigilant to ensure speedy trial of non-bailable offences,” Mr Musonda said.

Earlier, Mr Mwiimbu complained that Western Province Minister Obvious Mwaliteta brutally assaulted Nkombo on February 25, 2013 between 22.00 hours to midnight in full view of the police and no medical help was rendered by the police while no arrests had been made.

Mr Mwiimbu also displayed in court the Wednesday (February 27, 2013) edition of the Times of Zambia newspaper under a headline ‘PF cadre killed’ and read the part which read that Mr Mwaliteta physically confronted Nkombo in full view of the police.

The defence also asked why Mr Mwaliteta as well as Tourism and Arts Minister Sylvia Masebo should not be cited for contempt of court because the two made contemptuous statements on television on February 28, 2013 regarding the matter which was before court.

In response, Magistrate Musonda directed the legal team for Nkombo to draw up a formal charge or charges against the suspect or suspects in respect of the complaint.

He furthered ordered the police officer in charge at Livingstone Central Police Station to issue Nkombo with a medical report within 24 hours from the time of the order yesterday afternoon.

“In Zambia we are all bound to appear before the courts of law regardless of status or class. There is no one above the law, be it members of legislature, judiciary, executive or members of the public.

“We are all subject to the same law we have given ourselves. The ironic rule that all are equal but some are more equal than others in not tenable in Zambia,” he said.

As regards to statements made in the media, Magistrate Musonda said he would render a ruling in that respect on March 4, 2013.

The opposition United Party for National Development (UPND) has said that threats of deregistration by Home Affairs Minister Edgar Lungu will be an exercise in futility.

Home Affairs Minister Edgar Lungu has indicated that he has the power to deregister associations whose members engage themselves in violent activities.

UPND Spokesperson Charles Kakoma said that the threats by Mr. Lungu are a clear manifestation of the PF government’s scheme to ban political parties in the country and introduce a one party state.

Speaking to QFM, Mr. Kakoma stated that threat by government also added to the dossier on the complaints to the Commonwealth on the breakdown of the rule of law in the country.

He added that if there is a party to be deregistered, it is the Patriotic Front itself because other political parties are only acting in self defence.

Mr. Kakoma stated that if indeed there are individuals in the UPND that are suspected to be committing offences, the law should deal with them and not generalize it to the party.

The UPND Spokesperson further stated that if government makes any move to deregister the party, it will also use the law to defend itself.

And MMD president Nevers Mumba has said that the existing bitterness between the ruling Patriotic Front and the opposition in the country must come to an end.

Dr. Mumba said that political stakeholders must coexist for the common good of the country.

He however stated that the opposition will not allow the PF to rule the country with an iron fist but that their rule should conform to the tenets of democracy.

The MMD leader adds that as long as the opposition is concerned, Zambia must be governed on democratic principles.

Dr. Mumba has further advised the President Michael Sata to allow security wings operate professionally and independently.

He said that the PF must realize that they will not remain in power forever because Zambians who gave them the mandate will revoke it in 2016.

QFM

Parliament heard yesterday that Malawian Judge Lovemore Chikopa who was invited by Government to chair a tribunal instituted by President Michael Sata to probe three judges is still in Zambia.

In 2012, President Sata appointed Judge Chikopa to chair a tribunal to probe three Judges namely Charles Kajimanga, Nigel Mutuna and Philip Musonda.

Vice President Guy Scott told the House that Judge Chikopa was in the country and that the tribunal to be chaired by the Malawian Judge is still on.

“Mr Speaker, Judge Chikopa is around and the tribunal is on,” he said. He was responding to MMD Vubwi Member of Parliament (MP) Eustarkio Kazonga who wanted to know the whereabouts of Judge Chikopa following his appointment to chair the tribunal.

President Sata on April 30 suspended Justices Musonda, Kajimanga and Mutuna and appointed a tribunal headed by Justice Chikopa of the Malawi High Court to investigate the alleged misbehavior of the three Judges.

But two of the judges, Mutuna and Kajimanga challenged Mr Sata’s decision in the Lusaka High Court where Judge Fulgeance Chisanga granted them an injunction to prevent the tribunal from sitting to hear their alleged impropriety pending the full determination of the matter by the High Court.

Attorney General Mumba Malila, however, appealed to the Supreme Court saying the State was not satisfied with the ruling of the High Court