From: odhiambo okecth
Date: Fri, Oct 23, 2009 at 6:54 AM
Kenya is the only country where justice is dispensed in a way that promotes impunity. A man steals a goat and he is jailed for 8 years- last Monday.
This guy kills a Kenyan and he is acquitted. He goes out and kills another Kenyan, and he is jailed for 12 months, serves 5 months and is set free.
He is going to kill another Kenyan soon, for he knows nothing will happen to him.
Justice served for the high and mighty.
Oto
Nairobi
British aristocrat Thomas Cholmondeley was finally set free on Friday after serving five months at the Kamiti Maximum Prison over the killing of stonemason Robert Njoya.
Officials said Mr Cholmondeley is among the 7,000 prisoners set free under the Presidential pardon during the Kenyatta Day celebrations.
Commissioner of Prisons Isaiah Osugo confirmed the release and said there was nothing peculiar about it.
“Tom has been set free because he is remaining with less than six months to complete his jail term; he is not the only one being set free,” Mr Osugo told Capital News on telephone.
“We have cleared him, he is a free man,” he added.
Sources within the Prisons headquarters told Capital News that Mr Cholmondeley’s name was in the list of the over 7,000 prisoners who were set free under the Presidential pardon program on October 20.
The aristocrat’s lawyer Fred Ojiambo was unavailable for comment on Friday.
Mr Cholmondeley’s family members were equally out of reach but reports indicated they had lined up a series of posh celebrations both in Nairobi and their Soysambu ranch in Naivasha.
Mr Cholmondeley, the sole heir to Kenya’s most famous white land-owning dynasty was sentenced in May 2009 for eight months in jail for manslaughter in the killing of Robert Njoya.
Police said they were on high alert following reports that residents in Naivasha would launch protests near the family’s 48,000-acre ranch to protest the release as was the case when he was handed the jail-term eight months ago.
When Justice Muga Apondi read the ruling in May, he said: “There was evidence that Cholmondeley did not have malice aforethought in killing the deceased, and that he bore him no grudge and the shooting was not pre-mediated.”
He stated: “I hereby wish to impose a light sentence on the accused to allow him to reflect on his life and change to an appropriate direction. The upshot of this is I hereby sentence him to eight months in prison.”
He had been charged with murder but the judge convicted him for manslaughter.
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Subject: Tom something……Cholmondeley
This only happens in Kenya, I dont understand how but to govt. leaders, politicians and businessmen are not treated the same in the eyes of our ‘supreme law’ What disgusts me further is that there are ‘lesser’ criminals in Kamiti and other Maximum Security Prisons who have in some instance been wrongly convicted… our corrupt police…. nolle proseqe by AG oooh God help us all. This Tom is going to live comfortably – maybe even write a book or produce a movie…. i hate saying this but if i was him i would relocate and form an NGO to help widows. Shame on you Tom for not even helping the widow of the 2 nd Person you Killed
THE RELEASE OF NJENGA WITHOUT PROOF OF HIS GUILT AND THE RELEASE OF KILLER TOM CHOLMONDELEY AND AGENDA 4, REFORMS, AND IMUNITY FOR PROF MUGENDA EQUAL IMPUNITY AGAINST THE PEOPLE
No sooner did President Mwai Emilio Kibaki assure the UN of the non-fact that Kenya is on track with reforms and agenda 4 implementation than he has ordered the Attorney General, Amos Wako, to violate the constitution by releasing Njenga, because among other reasons, the latter had threatened to disclose top GEMA ministers and apparently top GEMA businessmen who are connected to Mungiki.
Here it did not matter if the AG violated the law provided the GEMA PNU holy cows were given tight protection before Luis Moreno Ocampo descends on Kenya. In making the AG violate the law and in protecting his PNU ethnic political leaders and even if the constitution was violated he has made sure impunity is in place to stay its course, UN or no UN, Ocampo or no Ocampo.
It has taken the AG Amos Wako 5 years to realise that Njenga had no case to answer. If now Njenga sues the government for damages for the 5-year wrongful confinement then the taxpayer will have to foot the bill as Mwai Kibaki is protecting his own ethnic group from the might of the wheels of justice.
Again the same AG has entered a nolle prosequi in favour of Professor Mugendi who had arrogantly ignored a court order thus making her too, like the President, above the law since she is GEMA.
Tom Cholmondeley killed twice. First the same AG entered a nolle prosequi and he was acquited yet the 70-year old Masaai never returned to life. Again encouraged by the nolle prosequi and his own omnipotence, he killed Njoya leaving a desperate young widow. For killing he has been given the lightest sentence ever handed down to a murderer- 5 months imprisonment.
Here again he has been protected by the very impunity Mwai Kibaki promised the UN that his government was on track fighing and ending. Tom is meanwhile looking for another Kenyan to ”mistake for an antelope” in the not-too-distant future.
Luis Moreno Ocampo must know in advance that he will be working on an uphill job against the GEMA men and women of 46 years of impunity. Therefore he needs must know what it is Njenga wanted to disclose that suddenly propelled him out the jail, the man they saw as a criminal up to and including just a few days prior to his release.
To them the man has suddenly turned into a saint-a convert!
Do the ICC and the UN see impunity in these developments?
In Kenya it seems to be that one is innocent only if the President says so, not the law, since he controls the courts, the judges and he is the sole appointer of the AG who must sing his tune.
DR. ODIDA OKUTHE.
WeWe okuthe tuache ukabila tom is not gema
Our leader raila is gema father in law and has followers like njonjo mumbi ngaru and Njenga the man you hate is rala damu supporter read yestedays sunday nation not to mention mutahi ngunyi maina kiai etc
IT IS FRIGHTENING THAT RAILA AND HIS WIFE STOOD ALONG WITH NJONJO’S DAUGHTER AT HER WEDDING!!
Remember Chirles Njonjo was in fact the best man for Thomas Adhiambo Mboya!! Where is Tom? Did the the telephone Njonjo made from London in 1969 prior to Mboya’s assassination have any connection with Tom’s demise? Do not be naive! It is frightening that Raila and his wife have been close to Njonjo even to the extent of their gracing Njonjo’s their daughter’s wedding. Who was closer to Joseph Adhiambo Mboya more that Sir Chirles of Kabeteshire?
Do not forget that Njonjo swore in Parliament that he could not shake the Luos with his hands because they all have Cholera. He made history by being a minister who celebrates when Cholera kills his citisens by design.
Let me a tribalist since history will absolve me.
DR ODIDA OKUTHE.