Tom Cholmondeley sentenced to eight months.

Kenya court jails Delamere kin for eight months

Tom Cholmondeley, Delamere's kin, listens as High Court Judge Muga Apondi delivers his verdict in this file picture. The Judge sentenced him to eight moths imprisonment. Photo/ PAUL WAWERU

By NATION ReporterPosted Thursday, May 14 2009 at 11:56
In Summary

Director of Public Prosecution Keriako Tobiko acknowledges Mr Cholmondeley was a first offender.

Judge Apondi had initially reduced Cholmondeley’s murder charge and convicted him for manslaughter.


Lord Delamere's heir Tom Cholmondeley has been sentenced to eight months imprisonment for killing stonemason Robert Njoya.

High Court Judge Muga Apondi handed down the light sentence on Thursday, two days after hearing final submissions from both the prosecution and defence.

"In view of the total circumstances of the case and the guiding principles to sentencing, I hereby wish to impose a light sentence on the accused to allow him reflect on his life and change to an appropriate direction," said Judge Apondi.

"The upshot is that I hereby sentence the accused to 8 months imprisonment."

The judge said the fact that Mr Cholmondeley has " been held in custody for slightly over three years since he was arrested" and had no malice aforethought (intent to kill) prompted him to issue the light sentence.

He said that the prosecution had acknowledged that Mr Cholmondeley made desperate attempts to save the life of Mr Njoya, including calling Kenya Wildlife Service rangers and the police after the fatal shooting. He also offered his car to rush the victim to hospital.

The Director of Public Prosecution Keriako Tobiko also agreed that Mr Cholmondeley was a first offender.

These two mitigating factors were crucial in determining Cholmondeley's prison term, said Judge Apondi.

The judge said Mr Cholmondeley reserves the right to appeal the sentence.

Judge Apondi had initially reduced Cholmondeley’s murder charge and convicted him for manslaughter.

He found that Cholmondeley shot and killed Mr Njoya three years ago, but spared him death by hanging because a murder charge could not be sustained.

A murder conviction carries a mandatory death sentence.

Mr Justice Apondi relied on the evidence of Mr Carl Tundo, who was with Cholmondeley on the fateful day, to rule that the accused shot and killed Mr Njoya.

He found that the accused did not have malice aforethought (intention to kill) when he shot Mr Njoya at his Soysambu ranch on May 10, 2006.


My thoughts?

I'm so glad the man is going to be released. He served his time for protecting his land and continued conservation of protected species. The victim's family appear to have been compensated for their loss. Also, I still have no doubt that the efforts this man will put toward prison program reform in the future will make a larger impact than any other elected bugger in office has ever attempted.

Why must I share air with imbeciles?

Giraffes at Haller Park in Bamburi. You stand on a platform at their height. Awesome creatures. Would so much rather work with animals than people. Sorry, having an "I work with Idiots Day".

Free Tom Cholmondeley!

If some bastard Kenyan was on my land trying to steal my animals, I'd shoot the idiot bugger dead. Oh yes, I'd even do it twice and I've no qualms about a shot to the back. YOU WERE STEALING ON MY LAND!

Are they effin kidding me? Lane Garrison killed a kid, drunk and higher than the sky at the time and he served 18 months in prison. Oh yeah, he was given time off for good behavior.

The same Kenyans who are baying for his neck seem to have forgotten that while this man has been in prison, he's made considerable efforts toward prison reform. Remember when the prison warders went out strike because of bad conditions? His family brought in medicine and food for other prisoners. He has had articles featured in the paper addressing the rampant sodomizing rapes that male prisoners face in maximum security and what needs to be done. When there are food shortages, his family's farm has stepped in with supplies.

No, I've never met the man or his family but I will sign whatever petition is out there or help in any way possible. I hope his sentence is reduced and he's out by the end of the year. And let the next guy who's trying to poach on Soysambu that he'll get dead quick.

Kenyaness in photos....

On the way to the airport, came across this on a highway roundabout:

At Delamare farms in Naivasha, they have a picnic area. I wonder if this is the roast chicken they had on offer?

A typical ferry at Likoni. They crowd the thing and then cry when it stalls in the middle or starts to drift.

Motorcycle shopping in Kisii town. This place is full of them. I wonder how they get them up or down. No elevators.

Chef's special at a certain town near Kisumu City.

Placing your order at the Hood. Awesome nyama choma joint. Favorite choice, dry fry.

On a recent train trip, was told very politely. "I'm sorry, we only have the vegetarian option. Gentle stir fried rice with a pomme and tomato simmered sauce." Potato stew in yellow rice. Was surprisingly delicious!

A certain someone's awesome birthday cake.

Had an incredibly lovely evening. Thanks girl!