A Zambian court has reduced murder charges to manslaughter against five individuals, including a Nigerian national and his partner, in connection with the death of a young man at a farm in Kabwe, setting the stage for a highly publicized trial that has sparked intense debate about justice and due process in the southern African nation.
Nathaniel Barthram, 34, a Nigerian farmer, and his partner Maria Zileni Zaloumis, 40, appeared before Kabwe Resident Magistrate Wamundila Liswaniso alongside three others: Daniel Chiluwa, 40, Fortune Mwitangati, 23, and Gift Daka, 25. The group faces allegations related to the death of 22-year-old Enoch Simfukwe Kasengele on August 17, 2025.
The victim’s mother, Grace Nachilima, has filed a separate civil lawsuit in the Lusaka High Court seeking damages for what she describes as unlawful confinement, torture, and negligent acts that led to her son’s death. According to court documents, a postmortem examination reportedly revealed that Kasengele died from a brain contusion, an injury consistent with blunt force trauma.
The case gained widespread attention after disturbing footage circulated on social media platforms, allegedly showing Kasengele restrained and being questioned by multiple individuals. Family members claim the video depicts their loved one in severe distress during his final hours, though the authenticity and full context of the recording remain subjects of ongoing investigation.
The Director of Public Prosecutions made the decision to downgrade the charges from murder to manslaughter, prompting defense attorneys to immediately apply for bail, arguing that the lesser charge made their clients eligible for pre-trial release. The court agreed, though authorities required Barthram to surrender his Nigerian passport as a condition of his release.
Each defendant was granted bail set at K20,000 (approximately $720 USD) with the requirement of two traceable civil servant sureties, and the case has been committed to the High Court for full trial proceedings. All five defendants were initially held at Mukobeko Maximum Correctional Facility following their arrests in late August.
The incident allegedly occurred at Onani Farm in the Montana area of Kabwe, though the exact circumstances leading to Kasengele’s death remain contested. Barthram resided at Tuzini Farm while Zaloumis operated Wonani Farm, both agricultural properties in the same general region. Kasengele had been living along the Kabwe to Lusaka Road before the fatal encounter.
The charge reduction has triggered a political firestorm in Zambia, with opposition figures questioning whether the decision reflects equal application of justice or preferential treatment. Some critics have pointed to Zaloumis’s business connections and social media presence as potential factors influencing prosecutorial decisions, though government officials have defended the DPP’s independence and professional judgment.
Legal observers note that the distinction between murder and manslaughter centers on intent and premeditation. Murder charges require proving that the accused intended to kill or cause grievous harm, while manslaughter typically involves unlawful killing without malicious intent or in circumstances that reduce culpability. The prosecution’s decision suggests they may face challenges proving premeditated intent beyond reasonable doubt.
The case has also reignited discussions about vigilante justice and citizens’ rights when dealing with suspected criminal activity on private property. While details about what brought Kasengele to the farm that day remain unclear, the manner of his detention and treatment has raised serious questions about proportionate response and legal boundaries surrounding citizen’s arrests.
For Barthram, the Nigerian connection adds an international dimension to an already complex case. As a foreign national facing serious criminal charges in Zambia, he faces potential immigration consequences regardless of the trial’s outcome, even if ultimately acquitted. His passport seizure ensures he cannot leave the country while proceedings continue.
The victim’s family has made clear their intention to pursue both criminal accountability through the state’s prosecution and civil remedies through their own lawsuit. Their civil action seeks substantial damages for what they characterize as wrongful death resulting from violent and unlawful conduct, though the specific monetary amount being requested has not been publicly disclosed in recent court filings.
As the case moves to the High Court, it will likely take months before a trial begins. Zambian legal procedures typically involve extensive pre-trial preparations, witness statements, and procedural hearings before substantive evidence is presented. The outcome could establish important precedents regarding liability when private citizens detain suspected offenders and the treatment such detainees must receive under Zambian law.
Source: newsghana.com.gh
