Zambia : Nkeyema Man Jailed Five Years For Assaulting Magistrate

The Kaoma Subordinate Court has sentenced a man from Nkeyema District in Western Province to five years’ imprisonment with hard labour for assaulting a magistrate after she had sentenced him to two years in prison.

Joe Nalwendo aged 26 years old and a farmer from Kapa area of Nkeyema district was charged with Assaulting a public officer contrary to section 250 (e) of the Penal Code, chapter 87 of the laws of Zambia.

Particulars of the offence are that on 19 May 2026, while in Kaoma subordinate court, the offender did assault Felistus Kantumoya during execution of her duty as Magistrate.

On the material day, Magistrate Kantumoya had sentenced Mr Nalwendo to two years imprisonment with hard labor for threatening violence contrary to section 90 (a) Cap 87 of the laws of Zambia.

It was after the above judgement that Mr Nalwendo leapt on the bench and seized the Magistrate’s jacket and shoulder thereby applying force hence constituting assault on her.

In mitigation, Mr Nalwendo  said he was not guilty to the offence saying that his action was as a result of the advice given to him by his fellow villagers that such an act would work out and result entry into a nolle prosequi for him.

Upon being satisfied with the evidence provided before him on the matter, Principal Resident Magistrate, Penstone Chiluba sentenced the offender to five years imprisonment with hard labor and that the offence will be served consecutively with the first one.

Magistrate Chiluba explained that the complainant is a public officer, application of force or physical contact between the accused and the complainant was made and that the complainant was executing her duty of adjudication as a magistrate in the court at the time of application of force or physical contact.

He further rejected the assertion made by the accused that he leapt on the bench because he had been advised by his fellow villagers that such an act work would result in the entry of the nolle prosequi, stating that had he not been restrained he would have inflicted greater injury on the court.

“The evidence before me establishes that Felistus Kantumoya is a Magistrate and I am therefore satisfied that she’s a public servant. On the material day she was engaged in the performance of her judicial duties, namely adjudication.

Furthermore, the accused seized the jacket, thereby applying force against the Magistrate. This act constituted an assault upon her”, Magistrate Chiluba noted.

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