The People vs Elias Musiyani
The accused person was charged with 2 counts of Harassment utilizing means of electronic communication C/S 69 of the CYBER SECURITY AND CYBER CRIMES AC, NO.2 of 2021 of the Laws of Zambia.
In count 1, allegations are that Elias Musiyani on the 8th of April 2024, at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, using a computer system intentionally did initiate an electronic communication on his Facebook page called Elias Musiyani with intent to coerce, intimidate, harass or cause emotional distress to Kidist Kiffle with a posting to which he wrote, “Elo when she fell on the couch some guy gripped her Batakoz and vima thighs. Yo Maps Yo you guys have an open marriage? Me I cant allow a kembo to touch my wifey especially when I ain’t around”
Count 2, it alleged that Elias Musiyani between 12th of April 2024 and the 20th of April 2024 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, using a computer system intentionally did initiate an electronic communication on his Facebook page called Elias Musiyani with intent to coerce intimidate harass or cause emotional distress to Kidist Kiffle with a posting to which he wrote “long face Caders I know you are watching please take a screenshot of what I’m about to write and send this to your MUMMY WATER SHE DEVIL!!! We also getting information about her !!!!we know her address in Lilayi….elo there’s no tight security my thugs can easily go in clobber her ma bonzo husband & doda her Infront of him then abduct her GUMU GUMU kid!!!!…she doesn’t even have bodyguards!!!
The matter came up today 6th of May 2025 before Hon. Mutinta Mwemba Mwenya for Judgement after the accused person was found with a case to answer and opted to remain silent in his defense. The state through Senior Prosecutor Malama Chisenga and Senior Prosecutor Joe Phiri called five witnesses to prove their case.
In passing judgement Hon. Mwenya, found the accused person guilty on both counts 1 and count 2. In mitigation, lawyer Njoloba from the legal aid board mitigated that the convict who is a first offender, a youth in passing sentence ought to consider those facts.
The convict is a student to Wich the counsel tendered in 2 identity cards that where both expired, the court after checking the ids discovered that the 1st id expired in 2010 and the second id expired in 2012. He further stated that the law gives the court powers to pass any sentence or any order so long it was not unlawful and pleaded to the court to exercise it’s powers in this regard. Lastly the counsel implored the court to take judicial notice of the fact that prisons are full.
Hon. Mwenya in passing her sentence noted that the convicted is a first offender, but to send a message to would be offender. She sentenced him to 6months in prison and also fined K70,000.