Kapiri court discharged thief on medical grounds

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—–A 40-year-old Food Reserve Agency (FRA) security guard in Kapiri Mposhi has been absolutely discharged on medical grounds for stealing  two shed tents worth K50,000.


Kapiri Mposhi Magistrate, Ackson Mumba discharged Cletus Nkandulu of River Side compound in Kapiri Mposhi district on medical grounds after the offender readily pleaded guilty to theft.


Nkandulu readily pleaded guilty to the offence and asked the court to exercise leniency because he was suffering from a medical complication. 


Facts before the court were that Nkandulu on unknown dates but between August 8 and August12, 2014, did steal two shed storage tents both valued at K 50, 000 the property of FRA in Kapiri Mposhi.


The offence is contrary to Section 272 of the Penal Code Chapter 37 of the Laws of Zambia.


During the court session Nkandulu presented medical reports from the University Teaching Hospital (UTH) indicating that he was suffering from coronary complication of which he was scheduled for an operation.


In his mitigation Nkandulu begged the court to release him as he would not be able to serve a custodial sentence due to his illness.


“I have learnt a lesson while in custody; I now know that stealing is bad and a serious offence and with my condition I fear that I will not survive in prison,” Nkandululu said.  


And passing judgment Magistrate Mumba observed that stealing was a serious offence, adding that offenders needed to be punished accordingly.


But Magistrate Mumba noted that Nkandulu was the first offender who readily pleaded guilty without wasting court’s time, adding that he disserved leniency considering his medical condition.