The Senior Resident Magistrate Court sitting at Ntcheu has set free Mirriam Kaipa, a Sales

Clerk at Mphate shop, as she was found not guilty of the offense of theft by servant.

Mirriam Kaipa was arrested in August 2021 by the Ntcheu police on the allegation that she had stolen 90 bags of Urea fertilizer, 156 bags of NPK fertilizer, 11 bags of CAN fertilizer, 19 bags of Sulphate of Ammonium fertilizer, and money amounting to K 2,075,700 being the property of Zathu Trading.

She was employed by Zathu Trading as a Sales Clerk and during the period between August 2020 and June 2021, she was stationed at Mphate shop. During a stocktaking, it was discovered that there was a shortage of the said fertilizer bags and cash.

The issue was reported to Ntcheu police and Mirriam Kaipa was arrested and charged with the offense of theft by servant.

The matter was then taken to court and it was before Senior Resident Magistrate Court sitting at Ntcheu. Mirriam Kaipa sought legal aid and was represented by Principal Legal Aid Advocate Newton Mdazizira from Zomba office.

During the trial, the State paraded four witnesses to prove the case. Kaipa also testified in defense as she was found with a case to answer.

After the trial, the Court delivered its judgment and found Mirriam Kaipa not guilty of the offense and the Court proceeded to acquit her.

The Senior Resident Magistrate Court agreed with the submissions of Legal Aid Bureau that even though the State proved that there was a shortage of the items at the shop, the State failed to prove that the accused stole the said items.

It is a well-settled principle of law that a shortage of stock is no proof of theft by a storekeeper.

The State bears the burden to prove that the accused person stole the said items. The Court also agreed with the defense that the State failed to prove that Mirriam Kaipa was responsible for the shortage considering that other people were also working in the shop.