A 32 YEAR old man of Nkwazi township in Ndola has been sentenced to 25 years imprisonment with hard labour for beating his lover to death after he suspected her of having infected him with syphilis.
Before Ndola High court Judge Yvonne Chembe, was Kennedy Mwengwe, who was charged with murder but he was convicted of a lesser charge of manslaughter as there was no evidence on recorded on whether Mwengwe acted with malice aforethought in causing the death of his lover.
Particulars of the of offence were that Mwengwe,on November 19,2015,murdered Doreen Kangwa.
Ms Justice Chembe however,noted that Mwengwe kept on giving conflicting statements in his defence as he also stated that he beat his lover after she delayed in coming home and that he got upset after he saw her her with her former lover.
“After analyzing the evidence before me,i have noticed that the reason why Mwengwe killed his lover is because he suspected her of having infected him with Syphilis although he gave conflicting statements.”
“I have carefully considered the evidence from both the prosecution and the defence.It is not in dispute that Mwengwe and Ms Kangwa were in a relationship and that there were cohabiting. It is also not in dispute that Mwengwe assaulted the deceased as he did not deny it in his defence by stating that they fought over Ms Kangwa’s former lover and that she was the one who infected Mwengwe with an STI.But what is not clear was whether he used anything to kill the deceased as no one saw him do.Therefore,i find that the prosecution failed to prove the ingredient of malice aforethought. I therefore,find Mwengwe guilty of a lesser offence of manslaughter and i accordingly convict him.I hereby sentence you to 25years imprisonment with hard labour effective the date off your arrests,” Ms Justice Chembe said.
Ms Justice Chembe granted Mwengwe leave to appeal to the Supreme court within 14 days.
Defence counsel pleaded with the court to exercise leniency on Mwengwe as he was a first offender who was remorseful for having caused the death of his lover.
During trial,the court heard that Mwengwe and Ms Kangwa were lovers and that they stayed together,although during their stay,Ms Kangwa’s former lover only identified as Rodgers would visit her and this infuriated Mwengwe who resorted to beating her especially after he discovered that he was suffering from an STI which be blamed on Ms Kangwa as he thought she was the promiscuous one.