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The People V Abraham Hambayi Case No. Prme0/01/24

Abraham Hambayi an Accountant under the Ministry of Education in Isoka district at Isoka Boys Secondary School was arrested and charged with 17 counts of the offence of Theft by Public Servant contrary to section 277 of the Penal Code Chapter 87 of the Laws of Zambia. In addition, he was slapped with 17 other counts of the offence of Forgery contrary to section 348 of the Penal Code Chapter 87 of the Laws of Zambia.

The particulars in the first 17 counts were that on a date unknown but between the 2nd day of September, 2023 and the 25th day of October, 2023 at Isoka in the Isoka district of Muchinga Province of the Republic of Zambia, the convict being a person employed in the Public Service as an Accountant under the Ministry of Education did steal various amounts of money amounting to K221, 673.13=00, the property of the Government of the Republic of Zambia.

The particulars of offence in the second set of 17 counts were that on dates unknown but between the 1st September, 2023 and 25th October, 2023 at Isoka in the Isoka district of Muchinga Province of the Republic of Zambia, the convict being a person employed in the Public Service as an Accountant under the Ministry of Education, with intent to defraud, did forge several cheques of various amounts of money purporting to show that they were issued by Head Teachers at Isoka Secondary School and Michael Chilufya Sata Secondary School in Isoka, when in fact not.

The convict was arraigned before the Economic and Financial Crimes Court (EFCC) held in Isoka before Hon. P. Mungala Principal Resident Magistrate. He took Plea and denied all the 34 Counts. Trial was commenced and the State called 11 witnesses. At the end of the State’s case, Abraham Hambayi was found with case to answer and when put on defence, he called one witness.

On the 31st October, 2024 Judgement was passed and Abraham Hambayi was convicted on 16 counts of Theft by Public Servant and acquitted on one count. Of the offence of Forgery, he was convicted on 15 Counts and acquitted on two counts. The convict was sentenced to three years Imprisonment with Hard Labour for all the counts of Theft by Public Servant and 1 year for all the counts of Forgery. The Court ordered that all the sentences run concurrently. In addition to the sentence, a statutory judgement was entered for the difference between the total amount of money the accused stole and the total amount of money the accused paid back, this was awarded to the Attorney General of Zambia. The convict is currently serving the said sentence at Isoka Correctional Facility.