Kapoko and six others plead not guilty

Former Ministry of Health human resources officer Henry Kapoko and seven others among them senior officials from the same ministry on June 15 pleaded not guilty to three counts of theft by public servant and theft.

Kapoko separately denied two fresh charges of theft involving K1.9 billion and another charge of issuing cheques on an insufficiently funded account contrary to the Laws of Zambia. He has another charge of obtaining money by false pretences which comes up on June 19 before the same court for trial. This is in a case where Kapoko is facing an offence of theft contrary to section 272 of the Penal Code Cap 87 of the Laws of Zambia.

It is alleged that Kapoko 36, of Woodlands and Fred Chileshe 26, of Olympia Park who is operations manager at Best Home Lodge stole K1.9 billion from the Government between December 28, 2008 and February 28 2009.

In the third count, Kapoko, alone is facing one count of issuing a cheque on an insufficiently funded account contrary to section 33 (1) (4) of the National Payment and Systems Act Number 1 of 2007 of the Laws of Zambia.

Kapoko between February 1 and 17 with intent to defraud willfully and dishonestly issued cheques numbers 000241 and 000242 amounting to K99 million on Kahekam Limited account number 00641361400 to Goldman Insurance Limited.

The other six ministry of health officials who all pleaded not guilty are Abel Kasongo, 53, of PHI, Anthony Mwila 36, Woodlands, Ryod Onde 39,Chelstone, Justine Phiri 37, Kabwata Site and Service and Nobert Peleti 37, Chilenje and Zukas Kaoma 38, Lilayi.

The officials are all facing one count of theft by public servant contrary to section 272 and 277 of the Penal Code Cap 87 of the Laws of Zambia.

Kasongo is head of procurement and supplies, Mwila senior procurement specialist, Onde an accountant, Phiri internal auditor, Peleti assistant director of administration and Kaoma principal accountant.

They, between December 1, 2008 and February 28 this year allegedly stole K1.9 billion belonging to the Government, which came into their possession by virtue of their employment.

And magistrate Kenneth Mulife granted the State an application to adjourn the matter to June 16 to allow it respond to bail applications filed by defence lawyers.

Prosecutor Frank Mumbuna applied for a two-day adjournment to allow the State time to study the bail applications because they were lengthy.

The defence lawyers had asked the court to grant their clients bail because the police had denied them bond and that their clients had been incarcerated for a long time. The lawyers told the court that the accused were Zambians with fixed abodes willing to provide sureties and to comply with the courts’ conditions.

But Mumbuna said the State needed to prepare adequately even if it was aware of the provisions of section 123 and that there were other issues involved such as the interference with witnesses by the accused.

Mr Mulife asked the State to make its submissions June 16 so that he could make a ruling on whether bail should be granted or not.