Lawyer Nathaniel Inambao and his co- accused Mubanga Chibonga have been sentenced to 12 months imprisonment each with hard labour for forging a dead man’s Will.
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Lusaka Magistrate Judith Chiyayika has jailed the two after finding them guilty of forging the late Donald Chimfwembe’s Will and uttering it to his widow Clara Musonda whom the former had married after divorcing with his first wife Beauty Kafwimbi.
Ms. Chiyayika has also forfeited the same Will, which the Lusaka High Court nullified in 2021 in a civil case where Mr. Chimfwembe’s daughter Hellen sued Ms. Musonda over the same document.
In sentencing the two convicts on Monday, Ms. Chiyayika considered that they were first offenders entitled to lenience and further considered Inambao’s advanced age.
She noted that Inambao was a lawyer who had served the Zambian government in various high-ranking positions including that of Commissioner of Lands and that by virtue of his conviction, his career had been affected.
“These cases are on the increase and as senior counsel you ought to have guarded the law profession and the orphans left behind. I therefore sentence A1 (accused number one Chibonga- then Inambao’s legal assistant) to 12 months imprisonment with hard labour and A2 (Inambao) to 12 months imprisonment with hard labour.”
“The sentences are effective from today (May 15, 2023) and the Will is forfeited. If you are not happy with the conviction and the sentence you are free to appeal to the High Court within 14 days,” Ms. Chiyayika said after which the two convicts were taken to prison.
Earlier in mitigation, Inambao’s lawyer Charles Changano prayed to the court to consider giving the two convicts a suspended sentence, community service or an absolute discharge on grounds that Inambao had served government in various high positions.
He mitigated that Mr Inambao was one of the Drug Enforcement Commission founder members and also worked for Zambia Railways Limited.
“He has been a diligent man of Zambia. Since this court has convicted him he is remorseful and it is the duty of this court, using various ways of sentencing, to give him chance. An absolute discharge will help him to think of his future and for his family.
Law is a career where we defend wrongdoers like Jesus did. You can forgive sinners using your powers. Although I am standing I am kneeling before you to praying for maximum lenience,” Mr. Changano said.
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