Chitipa Magistrate’s Court has sentenced Aswel Kapira, 42, and Rainson Kayira, 41, to 15 years imprisonment each for trespassing on a burial place and exhuming a body of a person with albinism. 

In August 2018, Kamiramphande community in Chitipa was shocked that unknown people tampered with Bolington Kayira’s grave and cut the corpse’s two arms.

Following the incident, police in Chitipa arrested four suspects. Later, two were released after investigations established that they did not take part in the malpractice.

Chitipa Magistrate’s Court where the sentence was given

During ruling on Tuesday, State prosecutor Jonathan Mumba told the court that Kapira and Kayira unlawfully entered a graveyard at Kamiramphande in Traditional Authority Mwenewenya and exhumed Kayira’s corpse.

In court, the two pleaded guilty, which prompted senior resident magistrate Abdul Issah Maulidi to convict them on their own plea of guilt.

In his submission, Mumba prayed for a stiffer punishment to deter other would-be offenders.

“The tendency by the two has put in danger the lives of persons with albinism in the district,” he said.

However, the defence lawyer Temwanani Mposi of Legal Aid Bureau asked the court to consider mitigation factors that the two were first offenders and breadwinners.

But in his ruling delivered at sunset, Maulidi said such offences attract a life sentence.

He agreed with the lawyer that Section 340 of Criminal Procedure and Evidence Code prevents first offenders from being given tough sentences.

However, Maulidi said the case was serious as such actions are causing people with albinism to live in fear.

“As such, I sentence the two to 180 months imprisonment on each count. The sentence for each count will run concurrently,” he said.

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