—– Forwarded message from kipjsang@ . . . —–
Date: Fri, 15 May 2009 07:30:19 -0700 (PDT)
From: sang kip
Subject: TOM CHOLMONDOLEY: THE SENTENCE THAT WAS

I am still trying to make sense out of the sentence handed to Tom Cholmondoley.The man recklessly shoots and instantly kills one Mr Njoya whom he claims was a trespasser.He’s arrested after some protest from the victim’s acquaintances.

Claim upon claim is voiced within and without the court that the suspect was known for violence. In fact evidence proved the suspect shot to kill rather than scare away the victim.

Having all eyewitnesses testifying to the fact that Cholmondoley was intent on killing was summed up in handing the accused a sentense of eight months that led Mr Tobiko Keriako, Director of Public Prosecution, to register protest that the sentence was too lenient.

I have thought much about the sentence and have never stopped asking myself many questions whether justice was done. While thinking, I can’t help but bring Vick, the American footballer, who was incarcerated for six months for masterminding dog fights. Vick led dogs to fight and none of the dogs died.Cholmondoley shot and killed a human being.Both Vick and Cholmondoley were sentenced to serve jail terms for almost the same periods of time. Does this imply Njoya’s life in Kenya equals that of a dog in the USA?

The accused was found guilty beyond reasonable doubt and as such deserved a steeper penalty but somehow the presiding judge gave much wait to the other issues that he claimed were mitigating circumstances that favored a lighter sentense.The ruled in favor of the confessed killer exposed Kenyan legal system to ridicule.If the defendant were black would he have suffered the same sentense as Cholmondoley? It’s very clear the killer escaped what he deserved and once again, as always is the case, the poor victim lost.

Cholmondoley went to jail smiling having escaped the hangman’s noose. Precedence has been created- “kill and defend yourself like Cholmondoley and you’ll live to kill again because you’ll not spend much time in prison”. This is a classic case of a poor man versus a rich man. The have and the have-not. Justice is for the rich and famous and injustice is for the poor and the unknown.

Our courts have spoken loud and clear that poor man’s life is too cheap- cheap to an extend that the principle of retribution never applies when it’s snapped by the rich!

Those who known Roysambu farm where Njoya’slife was cut shot tell tales about Cholmondoley’s brutality and while they expected justice to be served, they got the surprise of the year when the accused went to jail smiling and thus rubbing pepper on their raw wounds!

Even if defendant were not found guilty for manslaughter, evidence showed he carelessly used a fire arm and that alone would have earned him longer time in prison.

Cholmondoley showed no remorse and the short term sentense will most likely serve nothing to deter him from killing again or encouraging others to kill.When summed up in a simple sentense, the sentense is mockery of justice.

One wonders how many Njoyas have died, are dying and will die before justice is allowed to serve its course. How long o God will the courts realize that all men are equal before the law?

J.K. LELEITTO SANG

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From: Michael Maiyo
Sent: Friday, May 15, 2009 3:45:36 AM
Subject: Re: Kiambaa Monument in Eldoret

I see it’s not dawned on kyuks yet that the issue of land is not a wishy washy in the making, it’s real the land of our forefathers cannot be used to build monuments of such kind. Those monuments if erected will not stand the test of time, why build monuments before you correct land issue.Monuments should be build for Sachangwan and Nakumatt victims, Kiambaa monuments and police stations is temporary for the end of Kibaki rule, until tribalism is crashed from top bottom, I do not think we going too far, look at the recent supplementary budget which had errors worth billions yet the Treasury is flooded with kyuks, believe me this people we just contemplating on stealing billions for 2012 or other Kyuks scams. Do not fool Kenyans, if those were error how comes that all figures were short than the approved figures, at least some figures would have been excess of what was approved in the Treasury before being presented to Parliament.Kibaki rule is coming to an end soon…….Watch this space!!!

— Vincent Kiprotich wrote:

I followed yesterday’s events in Eldoret with utter shock when it was decided that a monument will be erected in order to commemorate those who died in the church.

Wouldn’t it be wise to forget such a thing that was brought by Kibaki stealing the vote? If it is very necessary that it must be built then we also need monuments everywhere including Kibera, Kondele, Naivasha, Kericho, Kimumu and all the spots that bore the brunt of police brutality.

I want to believe that this is not in anyway going to promote the national healing that we so much need.

I want to laud all the Rift Valley MPs who snubbed the event.

Vincent.
Nairobi