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Posted on January 30, 2014
Henry Kapoko and 9 others yesterday closed their defence in a matter in which they were arrested by the Anti-Corruption Commission and charged with 21 counts of theft involving over K4million kwacha from the Ministry of Health.
Lusaka Magistrate Honourable Newa who is handling the matter has since set April 1st for Judgement. Honourable Newa has also set February 13th 2014 for the prosecutions to make their submissions while the defence is expected to make their submission on 6th March 2014.
In July last year, Honourable Newa found all the ten accused persons with a case to answer on all counts and placed them on their defence.
Meanwhile three other accused persons in the same matter Mrs Valenta Nkhata, her daughter Abigail Nkhata Kapinda and Vincent Luhana opted not to give any defence as they elected to remain silent. Henry Kapoko and another co-accused called one witness while the rest of the accused persons testified in their own capacities.
Kapoko and nine others were arrested in 2009 following revelations of theft and abuse of authority of office at the Ministry of Health involving over K27million.
In Count One Nobert Peleti and Evaristo Musaba are charged with the offence of Theft by Public Servant contrary to Section 272 and 277 of the Penal Code Cap 87 of the Laws of Zambia. It is alleged that Nobert Peleti and Evaristo Musaba, between 1st October, 2007 and 31st December, 2008, at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, jointly and whilst acting together with other persons unknown, being persons employed in the Public Service namely Ministry of Health as Assistant Director-Administration and Chief Accountant respectively, did steal K259,225,000.00 cash, the property of the Government of the Republic of Zambia which came into your possession by virtue of your employment.
In Count Two Dr. Chrispine Sichone and Zukas Musonda Kaoma are charged with Theft by Public Servant contrary to Section 272 and 277 of the Penal Code Cap 87 of the Laws of Zambia. It is alleged that Dr. Chrispine Sicjone and Zukas Musonda Kaoma between 1st October, 2007 and 31st October, 2007, at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, jointly and whilst acting together with other persons unknown, being persons employed in the Public Service namely Ministry of Health as Director of Health Policy, Assistant Director-Administration and Principal Accountant respectively, did steal K414,760,000.00 cash, the property of the Government of the Republic of Zambia which came into your possession by virtue of your employment
In Count Three Nobert Peleti, Henry Mulenga Ngosa Kapoko and Zukas Musonda Kaoma are charged with Theft by Public Servant contrary to Section 272 and 277 of the Penal Code Cap 87 of the Laws of Zambia. It is alleged that Nobert Peleti, Henry Mulenga Ngosa Kapoko and Zukas Musonda Kaoma between 1st October, 2007 and 31st November 2007, at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, jointly and whilst acting together with other persons unknown, being persons employed in the Public Service namely Ministry of Health as Director of Health Policy, Assistant Director-Administration and Principal Accountant respectively, did steal K414,760,000.00 cash, the property of the Government of the Republic of Zambia which came into your possession by virtue of your employment
In Count four, Nobert Peleti, Zukas Musonda Kaoma and Henry Mulenga Ngosa Kapoko, are charged with the offence of theft by Public Servant contrary to Section 272 and 277 of the Penal Code Cap 87 of the Laws of Zambia.
It is alleged that Nobert Peleti, Zukas Musonda Kaoma and Henry Mulenga Ngosa Kapoko, between 1st February 2008 and 20th March 2008, at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, jointly and whilst acting together with other persons unknown, being persons employed in the Public Service namely Ministry of Health as Assistant Director-Administration and Principal Accountant respectively, did steal K542,250,000.00 cash, the property of the Government of the Republic of Zambia which came into your possession by virtue of your employment
In Count five Zukas Musonda Kaoma, Nobert Peleti, Enala Matutu Phiri, Vincent Luhana and Henry Mulenga Ngosa Kapoko are chaged with the offence of theft by Public Servant contrary to Section 272 and 277 of the Penal Code Cap 87 of the Laws of Zambia.
It is alleged that Zukas Musonda Kaoma, Nobert Peleti, Enala Matutu Phiri, Vincent Luhana and Henry Mulenga Ngosa Kapoko, between 1st February 2008 and 1st April 2008, at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, jointly and whilst acting together with other persons unknown, being persons employed in the Public Service namely Ministry of Health as Principal Accountant, Assistant Director-Administration, Assistant Accountant and Senior Accounatnt respectively, did steal K350,750,000.00 cash, the property of the Government of the Republic of Zambia which came into your possession by virtue of your employment
In count six Dr. Chrispine Sichone and Zukas Musonda Kaoma are charged with the offence of theft by Public Servant contrary to Section 272 and 277 of the Penal Code Cap 87 of the Laws of Zambia.
It is alleged that Dr. Chrispine Sichone and Zukas Musonda Kaoma between 1st March, 2007 and 30th December, 2008, at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, jointly and whilst acting together with other persons unknown, being persons employed in the Public Service namely Ministry of Health as Director of Health Policy and Principal Accountant respectively, did steal K856,691,500.00 cash, the property of the Government of the Republic of Zambia which came into your possession by virtue of your employment
In count seven Zukas Musonda Kaoma and Nobert Peleti, are charged with the offence of theft by Public Servant contrary to Section 272 and 277 of the Penal Code Cap 87 of the Laws of Zambia.
It is alleged that Zukas Musonda Kaoma and Nobert Peleti, between 1st September, 2008 and 30th December, 2008, at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, being persons employed in the Public Service namely Ministry of Health as Principal Accountant and Assistant Director-Administration respectively, jointly and whilst acting together with Henry Mulenga Ngosa Kapoko and other persons unknown, did steal K899,952,100.00 cash, the property of the Government of the Republic of Zambia which came into your possession by virtue of your employment
In count eight, Christopher Bwalya, Evaristo Musaba, Vincent Luhana, Enala Matutu Phiri, Nobert Peleti and Zukas Musonda Kaoma are charged with the offence of theft by Public Servant contrary to Section 272 and 277 of the Penal Code Cap 87 of the Laws of Zambia.
It is alleged that Christopher Bwalya, Evaristo Musaba, Vincent Luhana, Enala Matutu Phiri, Nobert Peleti and Zukas Musonda Kaoma, between 1st November, 2008 and 30th December, 2008, at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, being persons employed in the Public Service namely Ministry of Health as Assistant Internal Auditor, Chief Accountant, Acting Senior Accountant, Assistant Accountant, Assistant Director-Administration and Principal Accountant respectively, jointly and whilst acting together with Henry Mulenga Ngosa Kapoko and other persons unknown, did steal K756,655,900.00 cash, the property of the Government of the Republic of Zambia which came into your possession by virtue of your employment
In count nine, Valenta Miyoba Chizyuka Nkhata and Abigail Nzala Nkhata Kapinda are charged with the offence of theft contrary to Section 272 of the Penal Code Cap 87 of the Laws of Zambia.
It is alleged that Valenta Miyoba Chizyuka Nkhata and Abigail Nzala Nkhata Kapinda, between 1st October, 2007 and 31st December, 2008 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, jointly and whilst acting together with Nobert Peleti and Evaristo Musaba and other persons unknown, did steal K259, 225,000.00 cash, the property of the Government of the Republic of Zambia.
In count ten, Valenta Miyoba Chizyuka Nkhata and Abigail Nzala Nkhata Kapinda are chaged with the offence of theft contrary to Section 272 of the Penal Code Cap 87 of the Laws of Zambia.
It is alleged that Valenta Miyoba Chizyuka Nkhata and Abigail Nzala Nkhata Kapinda, between 1st October, 2007 and 31st December, 2008 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, jointly and whilst acting together with Dr. Chrispine Sichone and Zukas Musonda Kaoma and other persons unknown, did steal K414, 760,000.00 cash, the property of the Government of the Republic of Zambia.
In count elevent, Valenta Miyoba Chizyuka Nkhata and Abigail Nzala Nkhata Kapinda are charged with the offence of theft contrary to Section 272 of the Penal Code Cap 87 of the Laws of Zambia.
It is alleged that Valenta Miyoba Chizyuka Nkhata and Abigail Nzala Nkhata Kapinda, between 1st October, 2007 and 31st December, 2008 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, jointly and whilst acting together with Zukas Musonda Kaoma, Nobert Peleti and Henry Mulenga Ngosa Kapoko and other persons unknown, did steal K414,760,000.00 cash, the property of the Government of the Republic of Zambia.
In count twelve, Valenta Miyoba Chizyuka Nkhata and Abigail Nzala Nkhata Kapinda are chaged with the offence of theft contrary to Section 272 of the Penal Code Cap 87 of the Laws of Zambia.
It is alleged that Valenta Miyoba Chizyuka Nkhata and Abigail Nzala Nkhata Kapinda, between 1st October, 2007 and 31st December, 2008 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, jointly and whilst acting together with Zukas Musonda Kaoma, Nobert Peleti and Henry Mulenga Ngosa Kapoko and other persons unknown, did steal K542, 250,000.00 cash, the property of the Government of the Republic of Zambia.
In count thirteen,Valenta Miyoba Chizyuka Nkhata and Abigail Nzala Nkhata Kapinda are charged with the offence of theft contrary to Section 272 of the Penal Code Cap 87 of the Laws of Zambia.
It is alleged that Valenta Miyoba Chizyuka Nkhata and Abigail Nzala Nkhata Kapinda, between 1st October, 2007 and 31st December, 2008 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, jointly and whilst acting together with Zukas Musonda Kaoma, Nobert Peleti, Henry Mulenga Ngosa Kapoko, Enala Matutu Phiri, Vincent Luhana and other persons unknown, did steal K350, 750,000.00 cash, the property of the Government of the Republic of Zambia.
In count fourteen, Valenta Miyoba Chizyuka Nkhata and Abigail Nzala Nkhata Kapinda, are charged with the offence of theft contrary to Section 272 of the Penal Code Cap 87 of the Laws of Zambia.
It is alleged that Miyoba Chizyuka Nkhata and Abigail Nzala Nkhata Kapinda, between 1st October, 2007 and 31st December, 2008 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, jointly and whilst acting together with Zukas Musonda Kaoma, Dr. Chrispine Sichone and other persons unknown, did steal K856, 691,500.00 cash, the property of the Government of the Republic of Zambia.
In count fifteen, Valenta Miyoba Chizyuka Nkhata, Abigail Nzala Nkhata Kapinda and Henry Mulenga Ngosa Kapoko, are charged with the offence of theft contrary to Section 272 of the Penal Code Cap 87 of the Laws of Zambia.
It is alleged that Valenta Miyoba Chizyuka Nkhata, Abigail Nzala Nkhata Kapinda and Henry Mulenga Ngosa Kapoko, between 1st October, 2007 and 31st December, 2008 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, jointly and whilst acting together with Zukas Musonda Kaoma and Nobert Peleti and other persons unknown, did steal K899, 952,100.00 cash, the property of the Government of the Republic of Zambia
In count sixteen, Valenta Miyoba Chizyuka Nkhata, Abigail Nzala Nkhata Kapinda and Henry Mulenga Ngosa Kapoko are charged with the offence of theft contrary to Section 272 of the Penal Code Cap 87 of the Laws of Zambia.
It is alleged that Valenta Miyoba Chizyuka Nkhata, Abigail Nzala Nkhata Kapinda and Henry Mulenga Ngosa Kapoko, between 1st October, 2007 and 31st December, 2008 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, jointly and whilst acting together with Zukas Musonda Kaoma, Nobert Peleti, Enala Matutu Phiri, Vincent Luhana, Christopher Bwalya and Evaristo Musaba and other persons unknown, did steal K756,655,900.00 cash, the property of the Government of the Republic of Zambia
In count seventeen, Nobert Peleti, is charged with the offence Money Laundering Contrary to Section 7 of the Prohibition and Prevention of Money Laundering Act No. 14 of 2001 of the Laws of Zambia.
It is alleged that Nobert Peleti, on dates unknown but between the 1st January 2008 and 31st December 2008 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, jointly and whilst acting together with other persons unknown, did engage directly or indirectly in business transactions that involved K3,223,593,000.00 money acquired from an illegal activity whereby the said money was concealed or disguised by purchasing a motor vehicle, namely Toyota Hilux Surf Reg. No. ABP 9591 bearing Chassis No. KZN-185-0050794, property acquired from an illegal activity or proceeds of crime.
In count eighteen, Valenta Miyoba Chizyuka Nkhata, is charged with the offence of Money Laundering Contrary to Section 7 of the Prohibition and Prevention of Money Laundering Act No. 14 of 2001 of the Laws of Zambia.
It is alleged that Valenta Miyoba Chizyuka Nkhata, on dates unknown but between 1st January 2007 and 31st December 2008 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, jointly and whilst acting together with other persons unknown, did engage directly or indirectly in business transactions that involve K4,495,044,500.00, money acquired from an illegal activity whereby part of the said money was concealed or disguised by purchasing a motor vehicle, namely MERCEDEZ BENZ C220 Reg. No. ABP 737, bearing Chassis No. WDB202022-2F416657, property acquired from an illegal activity or proceeds of crime.
In count nineteen, Valenta Miyoba Chizyuka Nkhata, is charged with the offence of Money Laundering Contrary to Section 7 of the Prohibition and Prevention of Money Laundering Act No. 14 of 2001 of the Laws of Zambia.
It is alleged that Valenta Miyoba Chizyuka Nkhata, on dates unknown but between 1st January 2007 and 31st December 2008 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, jointly and whilst acting together with other persons unknown, did engage directly or indirectly in business transactions that involve K4,495,044,500.00, money acquired from an illegal activity whereby part of the said money was concealed or disguised by purchasing a motor vehicle, namely TOYOTA KLUGER Reg. No. ABL 9777, Engine No. 2AZ-0874050, Chassis No. ACU25-0018077, property acquired from an illegal activity or proceeds of crime.
In count twenty Valenta Miyoba Chizyuka Nkhata, is charged with the offence of Money Laundering Contrary to Section 7 of the Prohibition and Prevention of Money Laundering Act No. 14 of 2001 of the Laws of Zambia.
It is alleged that Valenta Miyoba Chizyuka Nkhata, on dates unknown but between 1st January 2007 and 31st December 2008 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, jointly and whilst acting together with other persons unknown, did engage directly or indirectly in business transactions that involve K4,495,044,500.00, money acquired from an illegal activity whereby part of the said money was concealed or disguised by purchasing fifteen (15) computers, property acquired from an illegal activity or proceeds of crime.
In count twenty one, Valenta Miyoba Chizyuka Nkhata, is charged with the offence of Money Laundering Contrary to Section 7 of the Prohibition and Prevention of Money Laundering Act No. 14 of 2001 of the Laws of Zambia.
It is alleged that Valenta Miyoba Chizyuka Nkhata, on dates unknown but between 1st January 2007 and 31st December 2008 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, jointly and whilst acting together with other persons unknown, did engage directly or indirectly in business transactions that involve K4, 495,044,500.00, money acquired from an illegal activity whereby part of the said money was concealed or disguised by acquiring Farm No. Sub Q of Farm 754, Lusaka West, property acquired from an illegal activity or proceeds of crime.
ACC
