Again, Lusaka High Court orders release of detained businessman Kasanda

The Lusaka High Court on Wednesday ordered the release of businessman, Sedrick Kasanda, from police custody following his application for a writ of habeas corpus.

Justice Geoffrey Mulenga granted Kasanda’s application for the writ after he had been held at Ibex Police Station since his re-arrest last week.

Kasanda was initially detained in connection with an aggravated robbery case involving US$5 million allegedly stolen from Egyptian national, Michael Adel Botros, in a reported gold scandal last year.

A nolle prosequi had previously been entered in the case, but he was re-arrested.

Kasanda’s lawyers argued that his continued detention without charge was unlawful.

The court ordered his release on the condition that he surrenders his passport to the authorities.

Meanwhile, Kasanda has petitioned the Constitutional Court to quash the nolle prosequi entered by the Director of Public Prosecutions (DPP).

He is seeking an expedited hearing, arguing that his constitutional rights, including the right to a fair trial, are being infringed upon by the DPP’s actions.

The petitioner alleged that the DPP violated Article 180(7) of the Constitution (Amendment) Act No. 2 of 2016 by failing to consider the mandatory guidelines for exercising his office’s functions.

Kasanda claimed the DPP improperly instituted criminal proceedings against him, entered a nolle prosequi, and subsequently caused his re-arrest without charges.

Kasanda stated that in August 2023, acting as a whistleblower, he informed law enforcement agencies about a suspicious gold transaction at Kenneth Kaunda International Airport, which led to several arrests.

However, he was later arrested himself and charged with aggravated robbery.

After investigations concluded in February 2024 that there was insufficient evidence to support the charge, the DPP still proceeded with prosecution.

Kasandra now seeks declarations that the DPP’s decisions were unlawful, arguing that the decision to prosecute without evidence was an abuse of authority and violated the Constitution.

He also contended that the DPP’s decision to enter a nolle prosequi without following proper procedures was illegal and invalid.

Kasanda is requesting an order of certiorari to quash the DPP’s decision, arguing it exceeded the powers granted by Article 180(7) of the Constitution.

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