KENYA: Kenyan white farmer Tom Cholmondeley found guilty of manslaughter

Record ID: 361050

  • Title: KENYA: Kenyan white farmer Tom Cholmondeley found guilty of manslaughter
  • Date: 9th May 2009
  • Summary: NAIROBI, KENYA (MAY 07, 2009) (REUTERS) INSIDE COURTROOM VARIOUS OF DEFENDANT, TOM CHOLMONDELEY (SOUNDBITE) (English) JUDGE MUGA APONDI, SAYING: "Due to the total circumstances of this case, the court hereby reduces the charge of murder to that of manslaughter." FAMILY OF THE LATE TIMOTHY NJOYA'S, INSIDE COURTROOM CHOLMONDOLEY'S FAMILY (SOUNDBITE) (English) JUDGE MUG
  • Embargoed: 24th May 2009 13:00
  • Keywords:
  • Location: Kenya
  • Country: Kenya
  • Reuters ID: LVA5B5PZGFAWXEABXE67EI8WWLYO
  • Story Text: A Kenyan judge declares the great-grandson of Lord Delamere, Tom Cholmondeley guilty of manslaughter.
    The heir to Kenya's most famous white settler family was acquitted on Thursday (May 7) of murdering a local poacher but found guilty of manslaughter in a case highlighting the east African nation's delicate colonial legacy.
    The High Court said Tom Cholmondeley -- descendant of Lord Delamere who came to Kenya from Britain a century ago -- did not show "malice aforethought" in the 2006 shooting of Robert Njoya during a confrontation on the family's 55,000-acre ranch.
    High Court Justice Muga Apondi said sentencing would be given at a later date, meaning Cholmondeley's dream of walking free on Thursday after three years in jail was dashed.
    "Due to the total circumstances of this case, the court hereby reduces the charge of murder to that of manslaughter," Apondi said.
    The judge said he was sympathetic to Cholmondeley's argument of self-defence in the faceoff with Njoya after finding him pursuing wildlife with dogs on the family's property.
    "The accused is hereby found guilty of the offence of manslaughter," Apondi added.
    Family members for the accused and deceased thronged the courtroom waiting to hear the judge's verdict.
    After the verdict, Cholmondeley's lawyer Fred Ojiambo said he was going to appeal the judgement even though sentencing is set for next week.
    "What follows is the sentencing after the court has heard us on Tuesday then the court will sentence. Then after that we will see what happens, but we will certainly appeal this decision," Ojiambo said.
    The tall and besuited Chomondeley, 40, stood impassive as the judgment was read. His relatives in the courtroom looked confused by the outcome, as did Njoya's widow.
    Cholmondeley's girl friend was not able to contain herself and started weeping as Apondi gave his verdict.
    Also in the court were friends of Cholmondeley who were disappointed as the judge did not give a favourable judgement they thought their friend was going to get.
    "We thought the verdict would go the same way as the accesors verdict so we are disappointed and I think that is all we have got to say," Cholmondeley's friend said.
    The trial was the second such case against the Eton-educated aristocrat, also accused of killing a wildlife ranger in 2005.
    That case was dropped for lack of evidence, triggering an outcry and suggestions from many Kenyans that their nation still had two sets of laws -- one for whites and one for blacks.
    Both cases fanned simmering colonial-era resentment against settlers who snatched large swathes of land during British rule.
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