In a new legal battle, former ministry of health human resource officer Henry Kapoko has taken the state to court over its decision to convert his lodge into a correctional facility while he was serving a prison sentence.
Mr. Kapoko is seeking a declaration that government acted unlawfully when it turned Best Home Lodge into a penitentiary for female inmates with circumstantial children without consulting him or offering compensation.
In 2018, Mr. Kapoko and several others were handed 18-year jail terms with hard labour after being found guilty of corruption, money laundering and theft involving more than K6 million.
The convictions covered theft, five years for money laundering and an additional nine years for theft by a public servant.
He was convicted alongside accountants Zukas Kaoma, Evaristo Musaba, Vincent Luhana, and internal auditor Jasper Phiri, all of whom were ordered to repay K6.8 million.
The magistrate further directed that their properties and bank accounts linked to the offences be forfeited to the State.
However, Mr. Kapoko and his co-accused appealed to the Lusaka High Court. In 2020, the court upheld the convictions of Mr. Kapoko and two others, while acquitting two.
The court also ruled that the convicts should serve nine years on both counts concurrently instead of the earlier consecutive 18-year term.
In February this year, government proceeded to convert the forfeited Best Home Lodge into a correctional centre for women with circumstantial children—an action Mr. Kapoko is now contesting.
Mr. Kapoko and Best Home Lodge Limited have cited the Anti-Corruption Commission and the Attorney General as respondents. In his statement of claim filed before the Lusaka High Court, he argues that the takeover and conversion of the property ignored a 2023 Court of Appeal ruling.
He submits that the Court of Appeal clearly stated: “The property subject of the conviction for money laundering excludes Best Home Lodge Limited, stand no. 13949 Roma Township and stand no. 13947.”
Mr. Kapoko further argues that, at the time of its seizure, Best Home Lodge was a thriving business generating not less than US$500,000 per month.
By Kucalo reporter
Picture: Henry Kapoko
