THE Ndola High Court has jailed for 15 years, an unemployed man who clobbered his nephew with an iron bar and killing him for refusing to accommodate his children at night.
Kenneth Ngosa, 43, of house number 0945 in Lubuto, was staying in the deceased’s servants’ quarter while his children were sleeping in the main house. But on the fateful night, his nephew refused to accommodate the children and this infuriated Ngosa.
Ngosa was charged with manslaughter and was convicted by Justice Mary Mulanda last Wednesday following his admission of the charge and facts read in court as being correct.
Particulars are that on March 3, this year, in Ndola, Ngosa unlawfully caused the death of Robert Muntanga.
On the fateful night, Ngosa, who was staying in Mr Muntanga’s servants’ quarter, was at home when he saw his three children emerge from the deceased’s house where they were sleeping, and informed him that they had been chased from the main house.
The court heard that Ngosa was angered by Mr Muntanga’s conduct and he went to the main house to confront him.
In his drunken stupor, Ngosa found Mr Muntanga equally drunk, and when he asked him why he had chased his children, the deceased responded with a punch.
Facts further read that Ngosa then grabbed an iron bar and hit the deceased repeatedly.
Mr Muntanga, who sustained injuries on the head and body, became unconscious and was rushed to Ndola Central Hospital where he later died.
A postmortem report revealed that he died of internal body bleeding due to a raptured spleen.
Passing judgment, Justice Mulanda said although Mr Muntanga was at fault, Ngosa over reacted under the influence of alcohol.
“I have observed that you were intoxicated on beer at the time you committed the offence. However, due to the seriousness of the offence and how you reacted when the deceased provoked you, I sentence you to 15 years imprisonment with hard labour with effect from March 16, 2015, it being the date of your arrest,” she said.
Justice Mulanda granted Ngosa leave to appeal to the Supreme Court within 14 days.
Earlier in mitigation, Ngosa’s lawyer, Kabende Chiti, asked the court for leniency on grounds that the convict is a married man with three children.
Ms Chiti also said the deceased was the aggressor; however, Ngosa was remorseful for causing the death of his nephew.