SEWER mouthed and moving encyclopedia of local insults, Francis Kapwepwe, popularly known as Why Me, is being considered a flight risk, and will not be coming out of jail anytime soon.
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The Lusaka Magistrates’ Court denied the 29 year old ex convict’s bail application yesterday after prosecutors argued that he is a flight risk with no fixed abode.
Kapwepwe, facing three charges of hate speech and expressing tribal contempt, will however be taken for medical attention following his complaint of internal injuries allegedly sustained after being beaten by fellow inmates for insulting Tongas.
He appeared before Senior Resident Magistrate Andrew Mungala on Thursday, where his bail was dismissed, but the court granted his plea to be taken to hospital after he complained of poor eyesight and internal pain.
“I have been beaten by prisoners for insulting Tongas. My sight is bad, and I want to seek medical attention,” Kapwepwe told the court.
In opposing bail, prosecutors argued that Kapwepwe is not a reliable candidate for release, pointing to his previous conduct.
The State through the Anti-Fraud Unit, in a sworn affidavit, noted that after investigations began in February this year, Kapwepwe fled Lusaka and was traced across several provinces before eventually leaving Zambia through Mwami Border Post into Zimbabwe.
It was submitted that the immigration officials confirmed his exit, and he was later arrested in Harare before being returned to Zambia.
“The accused has no fixed abode and is of serious flight risk. If granted bail, he may abscond and continue committing similar offences,” the officer stated in his affidavit.
The State reminded the court that Kapwepwe was convicted earlier this year in a similar matter, which demonstrated a pattern of repeated behaviour.
Kapwepwe, however, disputed the State’s claims, insisting that he resides in Lusaka’s Obama area in Chelston, though he admitted to previously living in Mufulira.
He told the court that he left Zambia for Zimbabwe not to evade justice, but because he had allegedly received threats from ruling United Party for National Development (UPND) supporters.
“The police arrested me in Harare, not Chirundu as they claim. There is a video to prove this. After my arrest, I was blindfolded and kept at a lodge in Lusaka’s Roma area,” he shared.
He dismissed the prosecution’s claims of having no fixed residence as “speculative and meant to disadvantage him.”
In his ruling, Magistrate Mungala noted that while the offences Kapwepwe faces are technically bailable, the accused had not demonstrated that he could be trusted to remain within the court’s jurisdiction.
“The accused has given three different addresses :Mufulira, Chililabombwe, and Lusaka. He has not provided a permanent, verifiable place of residence. Considering his previous conduct, including fleeing the country, the court finds a high likelihood that he may abscond if released,” Magistrate Mungala ruled.
He therefore dismissed the bail application, but informed Kapwepwe that he could renew the request before the High Court within 14 days.
Kapwepwe faces two counts of hate speech and one count of expressing hatred, ridicule or contempt on tribal grounds.
In the first charge, he is accused of using TikTok on March 31, 2025, to hurl tribal insults at Vice President Mutale Nalumango and the Tonga community, accusing them of allowing President Hakainde Hichilema to “take Tongas to Kaputa District without objection.”
In the second count, on April 3, he allegedly posted remarks claiming the President intended to install Chief Mukuni as a king and suggested that Southern Province should secede from Zambia.
Furthermore, he is also facing another charge, for allegedly posting obscene and derogatory remarks against the Tonga people dated April 8.
The matter has been adjourned to September 22, 2025, for a ruling on a defence motion challenging the jurisdiction of the magistrates’ court to try the case.
Meanwhile, the controversial influencer will remaining in custody, awaiting both medical attention and his next court appearance.
Kalemba September 5, 2025
