LIKE bad apples are discarded to avoid spoiling a barrel of good apples, so has thieving police officer Given Kayelu been uprooted from the Zambia Police Service following his two-year jailing by the Lusaka magistrates court for stealing a gun belonging to government.
The mischievous 26-year old Kayelu, was charged with theft by servant for stealing work equipment, an AK-47 rifle which he intended to sell at K3, 000, in Southern province, between June 4, 2023 and June 6, 2023.
The firearm came into Kayelu’s possession by virtue of his employment, as in charge of the armory at government printers.
According to the arresting officer, Kayelu said he got the weapon from the arms catche to fulfill the oath he made during recruitment, of protecting human life, and used it to protect his father in-law when he escorted him to the village.
In his defense the officer explained that following his admission to NIPA in June 2022, he requested the division office to move him from Makeni to the nearest office near NIPA.
“My request was granted and I was moved to government printers an operational police post.
Whilst at government printers, I was given duties to be in charge of the red box, the armory which had four fire arms which included CP 9838,” he said.
“Being the one who was in charge of the armory, I legally withdrew CP9838 to myself on July 8, 2022 which I used for my day to day duties for July 2022 to March 2023. On March 23, I took a trip to Southern Province. I escorted my father in law, I carried along the AK47 rifle serial no. CP 9838 and I was back in Lusaka to finish up my week of duty as I was supposed to go on leave.”
He said he proceeded on leave on March 28, 2023 and never deposited back the AK 47 rifle into the red box.
“I spent my leave in Gwembe where my wife was working from at the time. After I carried the firearm with me in Gwembe my wife Diana Changwe complained of the danger the firearm posed in the house in case of a marital problem,” said Kayelu.
“That’s when I decided in April to keep the gun at meyesano village at Mr Shatontola’s house which I would collect when coming to Lusaka in June 2023.”
However, in her judgment magistrate Irene Wishimanga found that Kayelu’s intention to take the firearm to Gwembe, was to deprive the government permanently of its property, as he had no claim of right to the firearm which was not assigned to him.
“What was the AK-47 doing with the accused when he was on leave. If indeed his wife complained in Gwembe why didn’t he have the AK47 rifle deposited at Gwembe police station but took it to Pemba to someone’s house?,”she questioned.
“Why did he not deposit it at Pemba police station, it’s because his intention was to deprive the government of its property as a public servant.”
She said Kayelu’s actions were suspicious, wondering why he would withdraw a firearm from the armory when he knew he was going on leave and secure it at a civilian’s home.
“What was his intention? It was to deprive government of its property which he did as he kept the firearm from the armory for over a year, without reporting that he had taken it and was being kept at Takawilo Chilembo’s house,” magistrate Wishimanga said.
“This was done fraudulently, though he signed for it and the intention of moving it from Lusaka to Pemba was to deprive the government as the firearm came into his possession by virtue of his employment.”
She said the prosecution had proved the case beyond all reasonable doubt and found Kayelu guilty of theft by public servant and convicted him.
His lawyer Mcqueen Zaza, who mitigated his case on his behalf said the erring officer was remorseful.
“He is of youthful age and has room to repent or reform and be useful to his country if given a chance. We request that the now convict be given a lenient punishment as he is young,”said Zaza.
“We ask the court to give maximum leniency to the convict. A suspended sentence could be the best for him to reform.”
In handing down a sentence, magistrate Wishimanga noted that Kayelu is a police officer under protective unit, who knew the rules of securing a fire arm and should have taken reasonable steps to do so .
“As a lesson to would be offenders notwithstanding he is of a youthful age, I sentence the accused to 24 months imprisonment, with hard labor with effect June 7, 2024, when was apprehended after breaching his bail conditions,”said magistrate Wishimanga.
By Mwaka Ndawa
Kalemba December 2, 2024.
