CHINTU MALAMBO writes
CONVICTED former Chilanga Member of Parliament Keith Mukata’s application to appeal against his death sentence to the Supreme Court has been rejected by the Court of Appeal.
Court of Appeal Judge Dominic Sichinga threw out Mukata’s application to appeal out of time for lack of merit.
“The appeal having no prospects of success is hereby dismissed for lack of merit” said judge Sichinga.
Mukata, a former UPND Chilanga Member of Parliament, is remanded at Kabwe Maximum Correctional Facility commonly known as (Mukobeko) in Central Province for murdering his security guard, Namakambwa Kalilakwenda.
In July Mukata applied for leave in the Court of Appeal to file his appeal out of time in the Supreme Court to challenge its decision to uphold his death sentence.
The capital punishment was slapped on him by the Lusaka High Court.
Mukata was challenging the High Court’s decision to sentence him to death by hanging for the murder of Kalilakwenda from Men in Black Security Company on May 6, 2017 at his law firm AKM Legal Practitioners.
On May 23, this year the Court of Appeal upheld the death penalty which was slapped on him by the lower court.
In his judgment Justice Mchenga found that Mukata had intentions to kill his guard when he hid the fire arm used as the murder weapon in his vehicle.
But Mukata in his notice of application for leave to appeal, said he intended to challenge the judgment of the Court of appeal to the Supreme Court on grounds that:
(i) The Court of Appeal erred in law and fact by dismissing all the grounds of appeal presented before it except one.
(ii) The Court of Appeal erred in law and fact by maintaining the finding of the trial judge (Susan Wanjelani) that the guard was shot from inside the premises when the basis upon which the trial judge made that finding was in fact dismissed on appeal.
(iii) The court of appeal erred in law and fact by making conclusions and findings of fact on appeal, unsupported by the evidence on the record.
According to his affidavit in support of notice of application for leave to appeal Mukata said his grounds of appeal had good prospects of succeeding as he believed the court erred in law and fact in dismissing his appeal.
Mukata said if the application was not granted he would be greatly prejudiced as he will be deprived of the right of appeal.
“Having been condemned to death and this being a capital offence which deprives me of a right naturally inherent and constitutional guaranteed being every person’s fundamental right to life it is in the public interest that I be allowed to exercise my right to be heard up to the highest court of the land before my life is taken away,” he said.