Lima Member of Parliament, Kelvin Kaunda, has applied for bail pending trial after spending five days in police custody on a charge of assault occasioning actual bodily harm.
In an affidavit supporting his application, Kaunda said he had been detained at Lubwa Police Station since October 15, 2026, without being brought before a court.
Kaunda, who is charged under Section 248 of the Penal Code, argued that the offence was bailable and that he was not a flight risk because he had a fixed residential address in Lusaka.
He said he was willing to provide traceable sureties, comply with any conditions imposed by the court and attend proceedings whenever required.
Kaunda also assured the court that he would not interfere with witnesses if granted bail.
His lawyers argued that police were required to bring an arrested person before court within 24 hours or, where that was not practicable, consider releasing the suspect on bond in accordance with the law.
They cited Section 33 of the Criminal Procedure Code, which provides for the release on bond of certain suspects when it is not practicable to bring them before a competent court within 24 hours, subject to the circumstances of the case.
The lawyers urged the court to exercise its discretion and admit Kaunda to bail pending trial.
Kaunda was arrested on October 15, shortly after the Lusaka High Court adjourned proceedings in a petition challenging his election as Lima MP.
The petition was filed by UPND candidate Lee Mukupa, who cited alleged electoral malpractice.
Kaunda won the seat with 22,760 votes against Mukupa’s 8,041.
The hearing of the election petition was adjourned on Tuesday because Kaunda was not present in court.
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