The Anti-Corruption Commission (ACC) has told the High Court that imprisoned former Ministry of Health Chief Human Resource Officer, Henry Kapoko, is not entitled to the US$22 million compensation he is demanding, arguing that his conviction for corruption-related offences and the lawful forfeiture of Best Home Lodge Limited to the State invalidate his claim.
In a defence filed on January 14, 2026, the Commission stated that Kapoko is a convicted person currently serving a custodial sentence at Mwembeshi Correctional Facility after being found guilty of theft by servant, theft, and money laundering.
Kapoko, jointly with Best Home Lodge Limited, had sued the ACC and the Attorney-General seeking the return of the lodge, which he argued was unlawfully taken over and later converted into a women’s correctional facility. He is also seeking US$22 million as compensation for alleged loss of business income.
Read more: Kapoko returns to court, demands return of ceased property now converted to women’s prison
In his claim, Kapoko contends that the Ministry of Home Affairs converted the lodge into a correctional facility for female inmates accompanied by circumstantial children without the plaintiffs’ consent and in disregard of a Court of Appeal judgment.
However, the ACC has rejected these assertions. It says Kapoko and 10 others were prosecuted before the Magistrates’ Court on 69 counts involving theft by servant, theft, and money laundering.
The Commission noted that Kapoko and four co-accused were convicted, and the court entered a statutory judgment against him amounting to K6,840,547,636.00, representing the funds stolen from the Ministry of Health.
The Magistrates’ Court further ordered the forfeiture of multiple properties belonging to Kapoko—including Best Home Lodge Limited—to the State.
According to ACC, both the conviction and the forfeiture orders were upheld by the High Court and later affirmed by the Court of Appeal.
The Commission also disputed Kapoko’s claim that the lodge generated not less than US$500,000 per month, stating that an analysis of the lodge’s bank statements did not support the alleged revenue. It further denied Kapoko’s assertion that he personally financed the lodge.
The defendants maintain that there was no compulsory acquisition of the property and argue that the plaintiffs have failed to demonstrate any loss or damage that would entitle them to the compensation being sought.
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