Court rules against confiscating Soko's Wymbaso Company

Lilongwe Senior Resident Magistrate Patrick Chirwa has throughout state's application to enable it sell cashgate convict's Wyson Soko's Wymbaso Genera Suppliers.

The state hired prosecutor Kamdoni Nyasulu applied to the court to confiscate the company to recover K40 million which Soko was convicted for.


Magistrate Chirwa in his ruling noted that the sentence he delivered to Soko was enough punishment.

"The 9 years sentence was passed in consideration that the state will not manage to recover the money through any other means," noted Chirwa.

After the ruling, Nyasulu said the state will not appeal the ruling.
Chirwa said the main issue to consider in the matter was whether the state had proven beyond reasonable doubt that there was theft and money laundering.
During Soko’s conviction, Chirwa said it was unbelievable that Soko failed to provide information leading to the whereabouts of Banda.
“When asked about the said Godfrey Banda, the accused became too emotional. He said it was the duty of the police to look for him. I find the statement very strange and unbelievable. I cannot imagine a transaction involving K40 million without the parties knowing each other,” Chirwa said.
He therefore said Soko’s refusal to assist in tracing Banda showed both wanted to defraud government.
“Evidence from the state however, was that Banda had no licence to conduct the transaction. The two had common purpose to defraud government. The accused participated actively in the process of defrauding government. He provided an account to which the cheque was deposited. The accused committed the offence of theft. The state proved the case beyond reasonable doubt,” Chirwa said.
Chirwa therefore found Soko guilty and went ahead to convict him on the offence of theft of money.
“On the offence of money laundering the court finds Wyson Zinyemba Soko guilty as charged and convicts him accordingly,” Chirwa said.