DEATH SENTENCE FOR KILLING LOVER AND 25 YEARS FOR ASSUALTING…SLAPPED ON NYUMBA YANGA TEACHER
Nyumba Yanga School teacher gets death sentence for killing lover
KENNETH Makina, a teacher from Lusaka’s Nyumba Yanga Basic School has been sentenced to death by hanging for killing his lover Charity Jikubi back in 2019.
The Lusaka High Court has also sentenced Makina to 25 years in jail for wounding his landlord Eustace Kapotwe, a lecturer at Zambia Open University.
Justice Pixie Yangailo has ordered that the sentences will run concurrently effective the date of arrest on February 13,2019.
This is in matter were Makina was charged with murder and acts intending to cause grevious bodily harm.
On February 13,2019 Makina murdered Jikubi a police officer when she went to collect a wardrobe which she left under his care and with intent to maim, destroy, or disable, caused grievious bodily harm to Kapotwe by shooting him in his right thigh.
In his defense Makina claimed that he was attacked by Jikubi, her niece landlord and carpenter when she went to collect the wardrobe.
He said he allowed her to enter his house and dismantle the wardrobe but she later started hurling insults at him.
Makina alleged that he told her that he would not release the wardrobe if she continued insulting him but his landlord charged at him in an attempt to push him in the house and he was gripped with fear that Jikubi would spray him pepper spray so he shot the landlord in the leg.
He added that due to fear that Jikubi would spray him pepper spray he shot her hand twice.
However justice Yangailo found that the issue of self defense was an afterthought by Makina because he did not explain what motive his landlord would have had in attacking him as he contradicted himself when he further alleged that his landlord was shielding Jikubi.
Judge Yangailo said postmortem results also contradicted Makina’s testimony as they show that he shot Jikubi on her shoulder and left buttock therefore he was not a reliable witness.
She said the defense of provocation equally failed as none of the witnesses confirmed that Jikubi insulted Makina and based on her findings she found him guilty an convicted him for the alleged offences.
In Mitigation Makina said he had reflected on his actions whilst in custody which will haunt him for the rest of his life.
He asked the court to exercise leniency as he had a chance to reform.
Handing down her sentence judge Yangailo said the crimes Makina committed have become prevalent in society.
She said Jikubi only wanted to collect a wardrobe and Makina killed her for it.
Judge Yangailo ruled that she observed observed the convict’s demeanor during trial and noted that he did not look remorseful or hurt that someone who was personally known to him and lived with him died as a result of his actions.
“You gave your evidence in a defiant tone and did not appear to appreciate the gravity of the offences that you faced. This court will be failing in its duty if it does not mete out an appropriate punishment that will send a clear message to society,” she said.
“You (Makina) now have to face the consequences of your actions as the offenses on which you have been convicted carry upto life sentence and a mandatory sentence of death in the absence of extenuating circumstances.”
Judge Yangailo sentenced the convict to 25 -years imprisonement with hard labor for the offense of Acts intended to cause grevious harm and for the offence of murder there being no extenuating circumstances she sentenced Makina to death and directed that he shall be hanged by the neck until pronounced dead .
“May the lord have mercy on your soul both sentences to run concurrently from the date of arrest,” said judge Yangailo.