A panel of three court of appeal judges have cleared a Lusaka laboratory technician of his conviction and two years prison sentence for theft of COVID-19 RDT test kits worth over K2.8million.
Hilton Kasanyika, who was working at the Chipata Level One Hospital was convicted and sentenced to two years imprisonment with hard labour in March 2025 by the Lusaka Magistrate court, appealed his conviction and sentence.
He was jointly charged with Judith Dzekedzeke, 46, a biomedical technician; Malama Nkhata, 44, a driver; and Langson Kampango, 54, a station handman; on two counts of theft by public servant and theft, contrary to the laws of Zambia.
Justice Pixie Yangailo read the judgment stating that the evidence on record does not demonstrate or established that the appellant took, converted or caused to be taken the properties he was convicted of stealing.
The court ruled that the re-evaluation of evidence of 12 witnesses, documentary exibits, and defence evidence, found that the accused was not found with any stolen item, and no witnesses testified that he physically took the items from Chipata level one health facility as the items in question were not found in his possession but in possession of his co accused the Driver Malama Nkata.
The court found that the prosecutions case rested squarely on the appellant role in the requisitions and failure to querry discrepancies on what was ordered and quantities delivered, however no evidence shows that these requisition were done outside of his functions.
They contended that there is no evidence on record that the accused directed the driver to divert the kits to an unknown location other than the facility or that he benefited from the recovered items, therefore the prosecution did not discharge it’s burden.
It stated that the Lower court misapplied the penal code by when it relied on speculation and assumptions to arrive at its judgement.
Further that there was no evidence that the appellant had no authority to sign requisite when he was employed by the Provincial Health office contrary to the court’s findings that the appellant, being a volunteer health worker had no authority to sign requisitions therefore was dishonest,
The judges have accordingly set aside and quashed his conviction and sentence and set him free.
By Cecilia Kayaya Mporokoso
