By Jerry Nguwa
Friday, May 15 2009

The much awaited sentencing of Kenya 's Aristocrat Tom Cholmondley to 8 months in jail, Kenyans have expressed mixed reactions. Some of them have accused the justice system of being too lenient to the descendant of British settler Lord Delamere. Others said that he was spared thanks to his wealth.

Tom was arrested in 2006 for having shot dead a poacher named Robert Njoya in his Soysambu ranch along the Nairobi – Nakuru highway. Unfortunately this was not the first person he killed in his ranch. He shot and killed a Kenya Wildlife Services ranger sometimes back.

Robert Njoya and his colleagues used to set traps in the vast Soysambu ranch, catching animals that were a property of Tom Cholmondley.

On that fateful day, Tom and his childhood friend, rally driver Carl Tundo were walking in the privately owned property. Little known to him that he will meet some of the trespassers who illegally kill for food his fauna.

On sighting the group of trespassers, Tom allegedly shot in the hips one of them who ordered dogs to attack the astonished owner. Killed the two dogs and carried the injured poacher for medical assistance where he later died.

I think that before Kenyans could start distrusting their judicial system, they must first ask themselves the location of the shooting. It happened in a private property and a load of game meat was recovered from the scene. Families of witnesses feared to appear because of fear of being prosecuted for trespassing and poaching. They accepted to appear only after being assured that no charges would be brought against them. I sincerely sympathise with the family of Robert Njoya but his joblessness is not Tom's problem but the governments.

I'm not a law experts, but don't you think that by prosecuting Tom and leaving the poachers, the Kenyan government is encouraging more poaching in private properties in the country? Will it be surprising to see poachers raiding ranches in Kenya ?

I personally believe that even the 1000 days that Tom has spent in custody are not lawful. He shot Robert in an act of self defence. He should instead be compasated in lieu of Judge Muga Apondi's verdict of spending 8 more months into Kamiti maximum prison.

If you have any comments or suggestions, do not hesitate to drop me a mail at editor@hapamedia.net
http://www.hapamedia.net/nspoaching.php