Solwezi high court Judge, Derrick Mulenga has sentenced a 40-year-old man of Kasempa to 12 years imprisonment with hard labour for killing his wife.
And the high court has also sentenced another man to eight years imprisonment with hard labour for murder.
The convicts are Kelvin Sengelechi 40 of Kasempa district and Dominic Kamanya aged 30 of Solwezi district who were initially charged with murder contrary to section 200 of the Penal Code, CAP 87 of the laws of Zambia which were later reduced to manslaughter contrary to section 199 of the Penal Code.
This was after it was established that the two were suffering from psychotic disorders at the time of committing the offences.
Particulars of the offence are that on unknown dates but between 2nd and 3rd January 2020 in Kasempa district, Sengelechi murdered his wife Selimu Keliya with an axe.
The state called six witnesses to testify in Sengelechi’s matter and three in Kamanya’s case.
Solwezi high court Judge Derrick Mulenga said he took into consideration the fact that Sengelechi was an epileptic patient who experienced abnormality of the mind due to seizures but that the offence he committed was serious.
“The manner in which the act was committed was crude and barbaric, it would be difficult to patch the scars left on the minds of the two children who have been left motherless, Justice Mulenga said.
Justice Mulenga yesterday sentenced Sengelechi to 12 years with hard labour for manslaughter with effect from the date of arrest.
In Kamanya’s case, particulars of the offence were that on unknown dates but between December 23 and 24 2013, in Solwezi, Dominic Kamanya did murder Nesto Kayamba after hitting him with a plank.
The court heard that the accused was suffering from acute alcohol abuse which resulted in abnormality of the mind.
“Having considered the evidence on record from the prosecution witnesses and the medical report, it is undeniable that the accused suffered from acute alcohol abuse which impaired his judgement,” Justice Mulenga said.
He said he has considered the fact that Kamanya was of unsound mind but the offence committed was serious and sentenced him to eight years with hard labour with effect from 24 December 2013.
In mitigation, the two who were represented by Albert Mazyopa from the legal aid board appealed to the court to exercise maximum leniency as they were first offenders who were remorseful of their actions.
Life under hh
This is unprecedented. There’s another set of 2 convicts with similar facts. It’s better to seek a second medical opinion especially in the case were the wife was murdered. Many women are killed on mere suspicion of infidelity. Therefore the plea for insanity must be proven beyond any reasonable doubt otherwise we may be letting cold-blooded murderers off the hook through this loophole
You report as if the two were jointly charged. The details of the cases must be reported separately.
When is this court going to report the case of the people who killed Kungo and his friend in court blood.
These are murderers… the should have gone in for life!