Chikakwiya’s sentence reduced

By WEDSON MIKUWA & CHIKUMBUTSO NJAYO

THE High Court in Blantyre yesterday reduced the sentence for convicted former mayor of the City of Blantyre John Chikakwiya from initial 38 months to 24 months imprisonment with hard labour.

Passing judgement Judge Charles Mkandawire said a custodial sentence of  38 months imprisonment with hard labour was rather on the higher side.

“Looking at the Court record, the trial Magistrate had addressed his mind towards all these factors. He nonetheless felt that 38 months imprisonment with hard labour was the appropriate sentence. The trial Court felt that the appellant deserves a lenient but meaningful sentence,” Mkandawire said.

He said he agrees with the trial that the appellant having been a city father was supposed to have shown exemplary official conduct even our Constitution in section 13 (o) which deals with fundamental principles upon which the republic constitution is founded it does incorporate the issue of public trust and good governance.

Chikakwiya, who is also UDF regional governor for the South was charged with two courts: Theft by a person employed in the public service and abuse of office.

In his ruling Chief Resident Magistrate David Kadwa said he would have convicted Chikakwiya on the charge of abuse of office as well if the charges were not in the alternative.

“The accused stole the money. I find him guilty of theft by a person employed in the public service and I convict him accordingly” Kadwa said.

Mkandawire said he has looked at the explanation given by the appellant when he was called upon to defend himself.

“With the respect to the appellant, I do not think that he satisfied the lower court on a balance of probability. His story is very wanting but with regard to the K50,00.00. I am satisfied that the lower court should have constructed it into his favour.

But with regard to the K350,000.00 he failed to give a satisfactory explanation I therefore find that his appeal on conviction only succeed to the extent of the liability from K400,000,00 to K350,000.00. But the conviction still stands,” said Mkandawire.

The judge pointed out that he agree with the findings of the trial court that the K350,000.00 he did produce in court was in a form of restitution having fully restituted the money, the court when sentencing the appellant had to seriously address its mind towards all the mitigating factors that weighed in favour of the appellant.

He added,” i also take into account that having fully restituted the money the appellant was not liable to the mandatory custodial sentence pursuant to section 283 (4) of the penal code.”

More than 15 heavily armed police officers in combat gear eagerly waited outside the courtroom for the city father.

Scores of other UDF members milled around outside the courtroom as the judge delivered out the judgement soon after the judgement state lawyer Primrose Chimwaza told the press outside the court that she is happy that the conviction still stands. As it is courts duty to sentence the offender, and hopes this will be the end of the matter.

But the city father’s lawyer, Tamando Chokotho said that he can not comment, he has to first sit down with client Chikakwiya as the judge has said many things that  need to be worked at, before making any comment.

Evidence submitted to the court showed that Chikakwiya directed the finance director to issue a K400,000 cheque in the name of his Deputy Isaac Nyakamera. He insisted that the work was urgent and that his deputy world supervise the work while he was abroad.

But Chikakwiya never left the country and instead took the money from Nyakamera and took control of the project himself.

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