High Court frees jailed bogus doctor

High Court in Blantyre  has released  ‘Doctor Wongani Kumbukani Kandulu’ who was convicted and sentenced to six years Imprisonment with Hard Labour (IHL) by Blantyre Magistrate Court after he was arrested at  Queen Elizabeth Central Hospital (QECH) where he was reportedly pretending to work as medical doctor.

Fake doctor Kandulu released from prison

Fake doctor Kandulu released from prison

Senior First Grade Magistrate Innocent Nebi found Kandulu guilty of two counts of impersonating a public officer contrary to 99 (b) of the penal code and impersonating a registered doctor contrary to section 66 of the medical practitioners act.

Kandulu appealed to the High Court against his conviction and sentencing.

The appeal has succeeded.

He has served a year of his sentence but High Court Judge Micheal Tembo ordered his release from prison.

Judiciary spokesman Mlenga Mvula confirmed about the order of release issued on on March  7, 2016 by Justice Tembo

Tembo quashed the conviction and set aside the sentence.

Upon his arrest on 27th October last year, Kandulu had allegedly discharged about 10 patients, according to eye witnesses, though hospital authorities dismissed the report.

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14 thoughts on “High Court frees jailed bogus doctor”

  1. zimveke basi says:

    my Malawi what are you doing. you judge mtambo,what are the grounds that has made you to get satisfactory that it is indeed nice and proper to release that offender.the ex convict treat people in a Government hospital but he doesn’t have authority to do that. however to you,you are convinced that he didn’t do anything wrong as such you quash the sentence and set him free.katulutseni onse okubawa ali ma prison.

  2. Ze Roberto says:

    Mr reporter, you could have done us favour by bringing afore the grounds on the release of the culprit. Otherwise, you will easily push us readers to speculate judicial corruption which is in fact already prevalent in our judicial system

  3. corruption says:

    Corruption every where even in the judiciary. This doctor should treat Mtambo and his famility when they get sick. Foolish

  4. Bwande says:

    Mwati walemba izi ndi Green Muheya? Malawian authors, please learn to put up something complete. We are not much concerned with the release. But the grounds. What are they? This story is total rubbish.

  5. Maliseni says:

    I FIND THE HIGH COURT LACKING WISDOM AND I THEREBY DEMOTE THEM BY STRIKING OFF OR REPEALING SECTION 108 OF THE CONSTITUTION, THE UPPER COURT HAS BEEN A DISGRACE TO MALAWIANS. TELL ME HAS THE CONVICT STUDIED MEDICINE IN PRISON THAT NOW QUALIFY HIM AS A MEDICAL DOCTOR ?????????

    SOMEONE HAS HEAVILY BRIBED THE USELESS JUDGE, HE IS NOT PATRIOTIC AND WANT TO SAVE FOR HIS PENSION WHILE ON THE ROAD TO HELL.

  6. LUHANA says:

    Kandulu out of jail? My foot! Imagine this heartless convict going back to the public hospitals diagnosing and discharging more un suspecting patients-something is terribly wrong with our justice system. If anything, the worst verdict would have been a reduced jail term.

  7. Rabecca says:

    Why do we even have a court system and law experts in the country then?
    Is it rocket science to realise the danger of having this fake doctor guy on the streets?
    Pathetic is what I say here!

  8. The Analyst says:

    O……………………………………………………………………………………………………………………………………………………………………………………….O
    Any reporter can easily tell that the story am presenting here is incomplete without a simple reason; and as to why people find pleasure in presenting incomplete stories, only their laziness (to research more) and impatience (to wait a litle more) hence incompetence and unprofessionalism, know.
    . . . Coz the only story here; is the reason why the prisoner has been released. Alas, there is none; thus, no story.
    ………………………………………………………….
    Whatever the reason; some things are very clear . . .
    . . . Someone (e.g. a relation) must have been working out a plan/way of having this prisoner released. And this someone is a big fish in society.
    . . . This someone must have approached judge Mtambo and discussed this prisoner. And the language which only the hands and pockets understand, must have been spoken.
    . . . If not; Judge Mtambo may not have made this determination alone; he must have received instructions from somewhere – somewhere above.
    …………………………………………………………
    Whatever happened, it is defined as VERY BAD in the dictionary of JUSTICE. You can check!
    . . . Coz there is no any indication that the magistrate made a judicial error in trying and sentencing this guy. And if there was an error, did it have to take the whole year for Judge Mtambo and his misguided cohort to see it? Something must be wrong somewhere.
    . . . What pleasure do Malawian judges get in contradicting themselves and each other?; and consistently annullying each others’ determinations? Can any sane investor come to Malawi with this shambolic and higgledy-piggledy justice system?

    Mphini yobwereza imawala
    . . . If anyone ever tells you that no one is above or below the law, either tell them, angrily – GO TO HELL!! or enlighten them, politely; NOT IN MALAWI!
    O…………………………………………………………………………………………………………………………………………………………………………………………..O

  9. MYAO says:

    SUSPECT THE SAME PEOPLE WHO WERE PAYING THIS DOCTOR MUST BE THE SAME PAYING THIS HIGH COURT JUDGE, AM SURE IT’S NOT THE GOVT OTHERWISE TELL US WHICH PROGRAMME/ PROJECT WAS THIS BOGUS UNDER!!!!
    AND N.I.B, BY IT’S DEFINITION should’ve easily cracked this one up, koma eeeeish!!

  10. Nyani wa ku Mwananyani says:

    So if there were no Hospital records to collaborate with the eye witnesses, where did the Magistrate find the evidence to convict Mr Kandulu, in the first place? I am pretty sure Magistrates are not trained to convict on suspicion, emotion, or sex he or she was died last nite; or even because coffee was delivered late and cold, by the messenger to the Bwaba, So he was a bad mood.

    Legal principles should be followed always, if we are to be fare to the people being tried.

    Mr Kandulu has suffered a whole year in a Malawi Prison, with hard labor, ndithu? (to be sure) Conditions in our prisons are so brutal, especially if your sentence has the dreaded three word “with hard labor” (as if there is ever easy labor there), you are guaranteed to lose at least half of your weight.
    And most of us are not even over weight, in the first place. And when you come out, you have lost half of the weight; and you are just bone – thiti kuoka ngati singwi, (bare bones) and your own wife won’t even recognize you!
    Without more information coming from the authorities, Mr Kandulu should then assume he was either framed or jealousy got him there. And prima facie, Mr Kalundu has a right to sue the Hospital. A good lawyer will find principles to apply.

  11. Advisory Committee says:

    Kodi what are the reasons for releasing this impersonator? I Have read today Malawian papers and this article but I don’t see the reasons for the decision of the High Court. Mat someone who has seen the High Court judgement enlighten us please otherwise the High Court has made a wrong decision. The magistrate was very right to convict and sentence this man

  12. BANDASLINE says:

    The author of the article should have explained on what grounds the suspect was released, otherwise this is incomplete.

    1. Nabetha says:

      Point of correction to you Sir, at a time of his release Kandulu was not a suspect but a convict. Zikomo kumpando.

  13. mama says:

    What are the grounds for releasing him apart from judicial corruption?

Comments are closed.