Court Acquits Four Makoka Employees in Chicken Theft Case

The First Grade Magistrate Court sitting at Mulunguzi in Zomba has acquitted four employees of Makoka Layers Poultry who were facing charges of theft by servant, contrary to Section 278 as read with Section 286(1) of the Penal Code.

The four, Dyson Padoko, William Mugabe, Andrew Gomani, and Edward Sanudi, were working as poultry attendants when 486 chickens, valued at K3,645,000, were reported missing under their care. They initially represented themselves during trial until the Court found they had a case to answer.

In August 2025, after being ordered to enter their defence, the accused sought legal representation from the Malawi Legal Aid Bureau (LAB). Their request was approved, and Principal Legal Aid Advocate Martin Dallas took over the matter.

Throughout the proceedings, the four consistently denied stealing the missing chickens. Representing them, LAB argued that the alleged shortage did not constitute proof of theft. Counsel Dallas submitted that the prosecution had failed to demonstrate that the chickens were stolen by the accused and that mismanagement or miscalculation by the farm manager could also explain the discrepancy.

“The prosecution failed to make their case against the four, as a mere shortage of chickens does not by itself prove theft. To establish theft, the State needed to go beyond showing that chickens were missing. There could be several explanations for the shortage other than theft,” Dallas argued.

First Grade Magistrate Sachuluka concurred with LAB’s submissions, ruling that the prosecution’s evidence was insufficient. Consequently, the four were acquitted.