Senior Resident Magistrate Shyreen Yona Chirwa has granted bail to rights activist and politician Jessie Kabwila who faces two charges in accordance to criminal procedures and evidence code following her arrest on Saturday night in Lilongwe.
The Magistrate observed that the State has failed to prove that if Kabwila is given bail she could commit further crimes.
Magistrate Yona observed that bail is a fundamental right which is given to avoid pre-trial punishment.
The court gave three bail conditions which included reporting to Area 30 or Area 3 Police station, seek permission everytime she wants to travel.
The court further ordered that she pays cash bond of K20,000 and two sureties of K200,000 non cash bond .
Kabwila has been charged with the first count of proposing violence at an assembly, contrary to Section 87 subSection 1 (A) of the Penal Code.
On this count, police are accusing the former parliamentarian for Salima North West of making a statement “calculated or likely to incite violence or induce persons to assemble to do physical harm to persons or damage property by urging the gathering to deal with persons supporting the chairperson of the Malawi Electoral Commission [MEC] Justice Jane Ansah”.
She has also been charged with an offence of uttering words to the prejudice of judicial proceedings contrary to Section 113 subSection 1 (D) of the Penal Code.
The charge sheet indicates that Kabwila, on January 9 this year, made a speech to the prejudice of the impending judicial judgement to be delivered by a five-judge panel in the constitutional case concerning the May 21 2019 presidential results.