A 29-year-old woman of Emmanuel area in Mushindamo district has been found with a case to answer by the Solwezi High Court in a matter where she is alleged to have killed her husband after a marital dispute.
Barbra Kipenze is accused of hitting her husband Joseph Mwewa, with a pot and a stick on his head on 27th August 2023 at their house which left him unconscious until his death.
The two are said to have differed over a mobile phone that Kipenze came back with from Kitwe where she had gone for business which annoyed Mwewa who smashed the phone on the ground.
Mwewa suspected another man of having bought the phone for his wife which he said was bringing confusion in the house and making her prepare food late.
A fight ensued between the two and Kipenze is suspected of having hit the husband on the head twice and later pushed him onto the table where he hit himself and fell to the ground.
According to the post-mortem examination report which was tendered in court by the state, Mwewa is said to have died from severe head and chest injuries.
Solwezi High Court Judge in Charge, Obister Musukwa found Kipenze with a case to answer after the prosecution concluded its case having called three witnesses to testify in the matter.
He said the state had established a prima facie case against Kipenze which warranted putting her on her defence.
“The issue of determination at this stage is whether a case has been made out against the accused or not. I find that the prosecution has established a prima facie case warranting putting the accused on her defence, I rule accordingly, “Justice Musukwa said.
Kipenze sought to give sworn evidence and called two witnesses who included her ten-year-old biological son.
During her defence, Kipenze denied getting into a fight with Mwewa and hitting him with a pot and stick, but that the deceased husband is the one who hit her on her back and around the left eye causing it to swell.
Kipenze said her late husband chased her from their house which made her go and spend a night at her grandmother’s house together with her children.
“My lord, I left my husband standing in the yard while holding a stick when I left for my grandmother’s house because he told me not to enter the house until I came with my relatives,” Kipenze testified.
Kipenze said she was informed the following morning by Mwewa’s niece that he had been taken to Kamisenga rural health centre the previous night as he had fallen whilst in a drunken state.
She said she found her husband in a critical condition when she visited him at the rural health center and was referred to Solwezi General Hospital for further management where he died later that night of 28th August 2023.
And the ten-year-old boy told court that a fight arose between Mwewa and Kipenze after the phone was broken and thrown in the rubbish pit.
The boy denied seeing the mother hit his father with a stick but that the deceased is the one who hit his wife as the two were fighting.
Justice Musukwa has set 19th April,2024 as the day for judgement and Kipenze remains remanded at Solwezi correctional facility.
