Comments on: Cholmondeley and Me

By: Rob Crilly

Rob Crilly — Thu, 28 May 2009 08:24:29 +0000

What forensic ballastics are you talking about? There was no analysis of the bullet fragments taken from Njoya’s body, and no attempt to match them to Cholmondeley’s gun. Muga Apondi set aside the evidence of the defence’s (better qualified) forensic pathologist, who concluded that the wounds were not consistent with Cholmondeley’s high-powered rifle. The wounds would have been accompanied by more severe bleeding and damage, according to the witness, had a hunting rifle been responsible. Apondi’s reasoning was that Njoya bled to death – was that not evidence of severe bleeding?
No unbiased judge could have come to that conclusion.
Maybe you heard different evidence to me. Where were you in court? It’s odd that we didn’t meet.

By: IM

IM — Thu, 14 May 2009 17:18:30 +0000

“It took the trial of a white Aristocrat to make me understand the failings of Kenyan justice.”
That probably says as much about you asabout the Kenyan judicial ssystem.

By: Chris Abate

Chris Abate — Tue, 12 May 2009 14:21:39 +0000

Just because the police did a shody job does not mean that Tom is innocent. Either him or Karl is reponsible for the killing. May be they should have arrested both individuals and left them to rot in jail like everyone else.

By: Alexander Eichener

Alexander Eichener — Mon, 11 May 2009 20:48:02 +0000

Superficial article. You fail to analyze the many shortcomings of prosecution, and the high risk of a gambling and ultimate failed defence strategy. Also, you do not seem to have much of a clue about forensic ballistics, do you? Otherwise you would see (and discuss) on which crucial legal point (which Fred Ojiambo totally overlooked) the decision of Muga Apondi was based.
I do not say it is a good judgement. It is convolutred, totally blown-up (320 pages where 30-60 would suffice) and the bad evidence handling of police continued in court, showing all the weaknesses of Common Law criminal trials. But the decision is at least *tenable*. Though maybe not right.

By: J Lipinski

J Lipinski — Sun, 10 May 2009 15:24:18 +0000

Thank you for this balanced piece. You have hit the nail on the head! The real problem is Kenya’s flawed justice system. Tom could have easily changed the course of events 3 years ago by doing what most Kenyan’s with means do – bribing those first at the scene. I’m not condoning this – just highlighting how corrupt the entire system is.
You can’t blame the nation’s assumption of the ‘white toff’s role in this very messy double murder. I lived in Kenya as an expat about a decade ago. To this day – I am still fascinated by the isolated existence white kenyans lead. They live in clusters in Karen, Laikipia, the coast etc… They pursue specific employment – jewellery, safari’s, boutique bush hotels etc. etc. They rarely mix with the native kenyans (unless you incude their staff) While they are very proud to call themselves Kenyan once they leave JKIA – their existence in Kenya is so gated – they might as well be living in a completely different country. You also have to remember that Kenya’s colonial past is very recent. Those that suffered under the colonial administration are very alive and a lot of them still hold the English in high disregard!
Many have drawn parallels between this story and the Wite Mischief era. This piece from vanity fair supports this view. It also manages to link every prominent white kenyan in a way that emphasises just how insular/incestous this community is: http://www.vanityfair.com/fame/features/2002/03/happyvalley200203

By: Anonymous

Anonymous — Sat, 09 May 2009 18:58:40 +0000

Kenyan has become ruthless land of people ONLY wanting money,if you give all money or surrender your land you can be a free and protected person, by every authority. If, your color is lighter, then there will be alot of issues, i.e. Asian, European, etc. If, Tom had parted with a few thousand acres of his land, to the system or …….., he would have not SLEPT A NIGHT in any prison.
Believe me, this will not stop, even if there is International Pressure on the system or Government in Charge.
Our Kenyan System is full of money minded thugs. Corruption has hit through the roof, and our Politicians, love the feel of the System, as they make the smoke screen of the conditional dealings.
Well, there is a saying, you can change a man, but you can’t change the village out of him.
GOD SAVE SAVE KENYA AND ITS COMMON WANANCHI.