12 May, 2009

Thomas(Tom) Cholmondeley Sentence(Update)

Justice Muga apondi has today morning sentenced of Mr Tom Cholmondeley to serve a prison term of 8 moths at Kamiti Maximum Security prison in Nairobi. This is to enable the said convict to "reflect on his life".Tom was only recently found guilty of manslaughter by the Kenyan High Court.The sentence has all the marks of leniency but may have been arrived at taking into consideration that he was in pre Judgement prison remand for 3 years and of course some diplomatic lobbying!
On the other hand i have come across a different perspective of the man Tom Cholmondeley in a support website being run by his friends, relatives ,acquaintances etc. The site mirrors the beauty of friends who are willing to stick by their own through whatever circumstances and difficulties. Its not in doubt that being in Kenyan jails and or prison remand facilities is quite a harrowing experience and his family and friends are out to console and comfort him at the blog entitled: JusticeforTom Website,. If the guy is as gentle and responsible as he is put out to be , then he simply has a problem of thinking after the fact.

Whether or not he inadvertently killed Njoya he is blood guilt and that is something none of us should ever want to be.Human life is precious. In fact i take exception to an article appearing in a United Kingdom press website:Daily Express .It is a gross misrepresentation of Kenya, its Justice system and life in Naivasha and in white owned farms.

Kenya cannot in an iota bit be equated to Zimbabwe or be compared to it in the matter of white farm invasions.In fact foreigners often get preferential treatment as opposed to locals. The first time Tom shot a game warden he would have been murdered by the police were he a local.You simply cannot harm let alone kill a member of the disciplined forces and get away with it,even if they are wrong or have trespassed into your land .

The Daily Express article written by Aidan Hartley a white settler in Kenya in fact calls the common mwananchi who insisted that the Courts uphold Justice as "rascists" who advocated for the lynching and burning of the Delamere farm. I believe the statement to be further than the truth. The article simply wants to misrepresent facts ,distort truths and evoke negative emotions!Hartley in fact seems to state that Tom was attacked by machete wielding thugs whereas evidence before the Court states that Tom actually had time to take a precise aim at Njoya.At same time no such weapons were found on Njoya. He may well have been a passerby through the estate.Tom fired no warning shot, he did not even try to maim or disable the so called attackers , he just took a precise and fatal shot at Njoya and went on to kill the dogs!No distortion, misrepresentation ,propaganda can efface those facts.

Further insecurity in Kenya affects all and sundry not just white settlers.No matter ones philanthropic activities, it is immoral to kill another especially so in circumstances likely to suggest the same was done for sport . That is a fundamental truth ! Many Kenyans welcomed the decision and if he truly is a responsible lad he will bear up with the responsibility for his actions!
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  1. Thanks for this well-articulated and balanced view. Tom lives in Kenya and is a citizen so he should be subject to its laws.
    I didn't expect any better from a right-wing paper such as the Daily Express.

  2. For some strange reason people forget that Tom did not wiggle himself out of the first case. He was the timely saviour of our bad tempered first lady who had just slapped her way to Nation house newspapers. (http://www.freemedia.at/cms/ipi/statements_detail.html?ctxid=CH0055&docid=CMS1144323114692&year=2005)

    The nolle prosequi was served on the same day as Tom's and Kenyans being the way they are protested against Tom's case but forgot about a slapped journalist. Tom is paying for the first case. The second case is a non starter since it is one between a thief and a murderer!

  3. plus this Tom is supposed to be an english gentleman...what sort of man tries to blame his friend for the crime knowing full well he himself did.....why change a story after 5 months...incredible...doesnt say much for english landed gentry!!

  4. I have issues with the following statements:
    1. Tom actually had time to take a precise aim at Njoya.. . . and
    2. Tom fired no warning shot, he did not even try to maim or disable the so called attackers , he just took a precise and fatal shot at Njoya and went on to kill the dogs!No distortion, misrepresentation, propaganda can efface those facts.

    WHY was the PIECE of bullet found in the poachers bottom the size of a small piece of rice? As shown in the photographs of the 'bullet' removed from the poacher. This is hardly a "fatal and precise shot" from a 30-0-6 rifle! This 'bullet' is therefore a richochet or maybe even this 'piece-of-rice-sized-bullet' had passed through a white dog before infortunately hitting the poacher, but mysteriously the poachers white dog vanished. . . .

  5. @anonymous : your issue are redily welcome, this blog accomodates all shades of opinion! Well that "ricochet "ended up killing Njoya n thats a fact size notwithstanding a life was lost and someone inspired it! Guess who?...thats right-call him poacher etc !

  6. You are incorrect in saying that Cholmondeley intentionally fired at the deceased Mr. Njoya. Why would he have attempted to aid Mr. Njoya (as was established in court) after the shooting if it had indeed been intentional? Yes Cholmondeley was firing at Mr. Njoya's dogs but there was no evidence in court that showed that Cholmondeley shot intentionally at Mr. Njoya, as you state. Thus the judgement of manslaughter by the Court.

  7. @anonymous:

    I am sorry but I am not going to be diplomatic about this,

    For the sake of your own humanity- let's call an orange an orange and admit that Tom Cholomondely clearly has some sort of pathological issue that is causing great harm to members of his community.

    Arguing about how soon he took his victim to hospital, or whether he bribed his way out of the first killing or not is completely beside the point.

    The fact is that we are ALL victims of the criminality that is a product of inequality in Kenya. People are robbed, assaulted and tormented by violent criminals everyday- this is a serious problem that will only be solved by looking at root causes- eg. Historical inequality, youth marginalization, unemployment, civic education etc etc…

    This issue will not be solved by shooting people, or shooting at people, or shooting at their dogs or whatever.

    And so, for Cholomondely or “friends of Cholomondeley” to cry poor “rich boy tears”… and claim that it is such a headache and a heartache for him to protect his property it is honestly pathetic and short-sighted, and ultimately harmful and divisive.

    It is not Tom Cholomondely’s or anyone else’s prerogative to take justice into their own hands and shoot at citizens! In anycase how do you teach people not to shoot animals by shooting at them?

    And even if he did not intend on killing anyone, it is still unlawful and wrong to shoot at someone! Why can’t you understand that?

    One would have thought that the first “accidental” killing would have been enough, for Tom to change his ways- I know that if I ever took the life of a human being, I would never be the same again- I would certainly NEVER shoot at or around anyone ever again. But killing seems not to have a major effect on Mr. Cholmondely- and it is sad and pathetic that you want to defend his actions.

    Sad and pathetic...

  8. What is sad and pathetic is that we are all calling for blood. Without due consideration to the facts and evidence provided. If we all believe that Tom is guilty then we are as worse as our own justice system, Tom's verdict was bassed on half cooked evidence and did not prove without a shadow of doubt that Tom shot Njoya. And by the way we all sound like racist's. We want the white man to pay, that white man is Kenyan, and nothing will or can change that. I've seen innocent men pay for crimes they didn't commit just because the procecution showed up...what is different in Tom's case?



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