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36-Year-Old Kitwe Woman Jailed For killing Barman
THE Kitwe High Court has sentenced a 36-year-old woman and three of her co-accused to a total of 13 years imprisonment with hard labour for causing the death of a 35-year-old bartender.
The bartender was brutally battered for denying the woman permission to use a toilet at Golden Brown Bar in Chingola, because she was not a patron of the bar at the time.
High Court Judge Judy Mulongoti slapped a five-year jail sentence on Esther Chibuye while her co-accused Oliver Lungu, 29, Joseph Ilunga, 26, and Thandizani Mbuzi, 22, were sentenced to eight years imprisonment each with hard labour for causing the death of Collins Kunda.
Passing the sentence, Mrs Justice Mulongoti described Chibuye’s behaviour as despicable.
“As a mother, you should be setting a good example to your children. I note that you are a first offender and I sentence you to five years imprisonment with hard labour,” Mrs Justice Mulongoti said.
On Lungu, Ilunga and Mbuzi, Mrs Justice Mulongoti said it is
unfortunate that the convicts beat up Mr Kunda and caused his death.
“You should know by now that fighting does not pay. You caused someone’s death and you must pay for your poor judgment. I sentence you to eight years imprisonment with hard labour,” Mrs Justice Mulongoti said.
The four pleaded guilty to a reduced charge of manslaughter.
They were earlier charged with murder.
The offence of manslaughter is contrary to section 199 of the Penal Code Chapter 87 of the Laws of Zambia.
Particulars of the offence were that Chibuye, Lungu, Ilunga and Mbuzi on July 21, 2011 in Chingola, jointly and whilst acting together, did cause the death of Mr Kunda.
Facts before the court were that between 20:00 hours and 22:00 hours on the fateful day, Chibuye, who was in a drunken state, went to Golden Brown Bar in Chingola’s Twatasha market to use the toilet and met Mr Kunda and his friend Philip Chipulu drinking a local brew, commonly known as Chibuku.
Mr Kunda and Mr Chipulu stopped Chibuye from using the toilet because she was not drinking from the bar.
The court heard that this infuriated Chibuye who hurled insults at Mr Kunda and Mr Chipulu reacted by slapping her in the face.
The court heard that Chibuye sustained a small cut on the left eye and left the premises, only to return a few minutes later in the company of Lungu, Ilunga and Mbuzi.
The four insisted that Mr Kunda be taken to Chiwempala Police Station in Chingola and when he refused, they began to punch and kick him.
They dragged the bartender out of the bar on the pretext that they were taking him to the police station.
The court heard that Mr Kunda was not taken to the police station but was found unconscious and abandoned on the roadside in Maiteneke township.
Mr Kunda bled profusely from the nose and mouth and died of the injuries sustained from the beating.
Posted by
Wemfula Isa Isa
February 17, 2012 at 9:11 am
Help me with maths here. 5+8+8+8=29 not 13. Nevertheless, those murderers needed stiffer sentences.
ati shani apo
February 17, 2012 at 9:15 am
Products of chibuku.
spin
February 17, 2012 at 9:15 am
chabipa akakilwa pa chimbunsu sorry
say what!
February 17, 2012 at 9:30 am
A life for a life,why the light sentences for fi chakolwa efyo!Pliz give proper justice to the family of the deceased.
alanda
February 17, 2012 at 9:36 am
OOOh, eeh chibuku iyi, fwe tunafye twaya lala. Ine alinkanya ulubuli tata.
Juku1
February 17, 2012 at 9:40 am
Dear Wamfula isa isa.those years wil run concuretive that is 5+8=13. Juku1 is an OXFORD and UNZA Graduate Class A first DEGREE and MASTERS DEGREE IN LAW. Stay blesed.
sku z ku bt nt yo frend
February 17, 2012 at 10:00 am
@Wenfula isa isa, wawa!
8 + 5 = 13
three guyz hv been slaped 8yrs n the otha 1 5yrs sentence. U dnt multply 8 by 3 then add five NO!!
kamfron
February 17, 2012 at 10:12 am
@ juku1, awesome credantials.
the_Sage
February 17, 2012 at 10:24 am
If it is concurrently why say total.total wuld only come in if someone(one person) was sentenced to consevative sentence.so the total of tthe four is 29 surely…
zek zek
February 17, 2012 at 10:42 am
The total for all the busterds is 8. Thats the maximum sentence the group will serve. Mwapangwa shani. Even ba Tumfweko are wrong. Its not 13.
Real
February 17, 2012 at 11:07 am
The maximum sentence is 8yrs while minimum is 5yrs. These are sentences being served concurrently and so there was no need for tumfweko to start confusing pipo with a word TOTAL if indeed they really wanted to use the word, the total is then 29yrs but surely what difference does it really make and what additional meaning does it bring to the story. Since they are 4 offenders, telling us how many years each one is sentenced to is very much enough
Chama Febie
February 17, 2012 at 11:14 am
SH!T happens out their
zed nigaz
February 17, 2012 at 11:34 am
mwebakopo bonso.the sum total is…i wont tell u mwalabelela spoon feedin bafikala.anyway fibonfyeni bwino muchifungo.
zed nigaz
February 17, 2012 at 11:36 am
mwebakopo bonso.the sum total is…i wont tell u mwalabelela spoon feedin bafikala.anyway fibonfyeni bwino muchifungo…
janet c
February 17, 2012 at 1:22 pm
But why did Kunda and Chipulu stop her from using the toilet in the first place? Just because she didn’t buy a beer from that particular bar – they were being in-humane. I mean where did they expect her to urinate – in their mouths!!!! Chibuye simply wanted to answer the call of nature – unlike men, she as a woman can not just go to any corner, un-zip the trousers and urinate. they should have been more understanding that she needed a private place to do her business.
So these men were at fault in the first place – and how dare they slap a woman!! Kunda and Chipulu fipuba sana fye
Joseph
February 17, 2012 at 2:45 pm
All the bastards were wrong,but killing Kunda was worse.Bars should help one another on toilets also.
CHANKS MABANGE THE GREAT
February 17, 2012 at 3:07 pm
Rcently i recieved report from india where a man was killed over taking too long in toilet–pwii.
And todays am hearing the similar situation.misu yashani aumfwile mayo wakantu.kunda did well for dinying her access to the toilet which did not know when it build.too bad for killing kunda.enjoy jail life —-bantala misoka. mukaponokafye bwino ngatwakumana kukitwe nga mwafuma-fuseki”"”"”"”"”"”"”"”"”"”"”"”"
Igwala-gwala
February 17, 2012 at 3:57 pm
wel,there’s a teaching here.first these other guys wanted to please a woman and secondly dialogue is cardinal.imagine if those men hapen to have wives and children how are they currently feeling and surviving? guys take this seriously and more especially if you drink beer.CAUTION:..AVOID CHIBUKU PLEASE THERE ARE NO MANNERS IN THE PLACES IT’S FOUND!
Twalisepa ba drogiba
February 17, 2012 at 4:23 pm
Damn I did not that people in chingola are so serious about a toilet.killing some one over a toilet.What a useless killing.
Babygal
February 17, 2012 at 5:03 pm
Hey ba tumfweko kitwe is not chingola. Its a kitwe woman but chingola,Yo headline should read ‘kitwe high court sentence a 36 yrs old of chingola for murder.’ Whatever the case she deserves the punishmnt, dat wat careless drinkn does. Let her work for the state its important.
Babygal
February 17, 2012 at 5:04 pm
Hey ba tumfweko kitwe is not chingola. Its not a kitwe woman but chingola,Yo headline should read ‘kitwe high court sentence a 36 yrs old of chingola for murder.’ Whatever the case she deserves the punishmnt, dat wat careless drinkn does. Let her work for the state its important.
tonga lady
February 17, 2012 at 5:08 pm
drunk pipo r difficult if they say she was beaten b4 using toilet she was provokd first.and it wld b rude for a woman to urinate in public pipo nowardays r sick so the dead man mst hav bin oready weak.anyway sad they were unfortunate he died in their hands.
Aziba pa Malawi
February 17, 2012 at 6:16 pm
Azimayi osakhwima pamchombo asamamwe chibuku even ku Malawi kuno timaletsa zimenezi mwaona tsapano!!!
Sum where far away
February 18, 2012 at 1:40 am
a five-year jail sentence on Esther Chibuye while her co-accused Oliver Lungu, 29, Joseph Ilunga, 26, and Thandizani Mbuzi, 22, were sentenced to eight years imprisonment each.
Key word been EACH.So its 5+8+8+8 guys! You must calculer!
ray
February 18, 2012 at 7:09 am
too bad, ukwipaila umuntu pa mulandu wa toilet. Let other barmen learn something from this. People go to bar toilets to answer the call of nature if they are in a place where there is no public toilet. Muli chibuku mwalishupafye mwe.
Snr.citizen
February 18, 2012 at 11:26 am
Ba chibuku were supposed to operate such a business with toilet facilities. See life has been lost over a small issue, people should be human enough how could the bar man refuse a lady to answer the nature’s call, if he wanted he could have just charged her a ka K500.00 or a ka K1,000.00 than end up living his family.
elyoni
February 18, 2012 at 1:10 pm
IMWE BA FIKETE
Zambian American woman
February 18, 2012 at 6:01 pm
Why did this man feel like he had the right to slap the woman in the 1st place . Somethings wrong with that picture? then the Female talks about poor choices? The bartender made one that cost him his life!
Nomba Ninshi
February 19, 2012 at 4:32 pm
U fellow bloggers, umuntu wachibuku ngafuma mu toilet ilanuka. ilanunka ichipesha amaono! To bad a life was lost,Kunda litole sana! How can u honestly deny a woman from using the toilet? HELL FOOL!
Bwetex
February 19, 2012 at 8:12 pm
kunda alilufyanya,okay nomba abanakashi bamulicibuku,maybe they had gone out selling their pits to all sorts of pipes leaking with pus, its murder, first degree. Esther phiri mwatampa ukutulangensele nabachende banoobe fikolwe imwe, utumitwe kwati nibachula abaatuminwentombolya, ukununka!!thpu!