Delamere case in Kenyan court
Updated on 05 December 2007
The Hon. Tom Cholmondeley is in a Kenyan prison cell, the second time in two years he has been accused of shooting dead a black man.
We're inside the High Court in central Nairobi where the only case Kenyans want to watch is that of Tom Cholmondley - the sole heir to the Delamere estate.
This old Etonian is being tried before a judge for the murder of a black man who was poaching on his land. After a three month delay he's come to court to appeal against a ruling that the defence must hand over all witness statements to the prosecution.
We have very little idea about what their defence is. After 13 months only the prosecution's case has been heard. Kenyans were aghast as the court described how Cholmondley had gunned down a trespasser as he was running away.
"It's very easy to jump to stereotype if you know nothing about me personally. A stereotype without any truth is nontheless a winner in the court of public opinion."Tom Cholmondley
The case
The man's death - an act of revenge against him for poaching the game on his land. Cholmondley wasn't under attack, he just aimed and fired, claims the prosecution.
Details of this poacher's death provoked a firestorm in the Kenyan media. We asked Cholmondley why he thought he'd been portrayed so badly in the press?
He said: "It's very easy to jump to stereotype if you know nothing about me personally. A stereotype without any truth is nontheless a winner in the court of public opinion."
"I had no idea I'd be involved in something like this. Something which is very political. I'm seeing the darker side of Kenyan life."
Elections
As the case rumbles on the presidential elections are in full swing. Raila Odinga, President Kibaki's main challenger, is rallying his people today.
Kenyans are passionate about their politics. It can spill over. 12 people have been killed over the past week here.
The two candidates are neck and neck in the polls. Neither can afford to look weak. Can this white landowner get a fair trial in such a highly charged atmosphere?
The defence lawyer told us: "It's very difficult for a judge in a case like this not to be under pressure from forces not from within the building. This case has aroused a great deal of interest and a lot of anger."
If found guilty Cholmondley faces the death sentence for what happened that day in Happy Valley.
"Kenyans value land. When you own land you feel you have a sense of belonging. We have a lot of squatters, people who don't own anywhere. When they look out and see this large expanse of land owned by one individual obviously questions will be raised about how fair is that."John Kihara MP, election candidate
Land issue
We left the bustle of Nairobi and head to the Rift Valley and the vast open land of Chomondleys estate, Soysambu.
This was originally Masai land. They claim it was stolen from them at the beginning of the last century and they now want it back.
A local MP told us: "Kenyans value land. When you own land you feel you have a sense of belonging. We have a lot of squatters, people who don't own land anywhere. When they look out and see this large expanse of land owned by one individual obviously questions will be raised about how fair is that."
Lady Delamere said: "The Delameres believe this land issue is playing in to the fate of their son, but to them Soysambu is the family seat, and has been for generations."
But Tom's relationship with people on the estate changed dramatically two years ago. It's April 2005 and a group of armed men are holding up some of the farm workers who have a dead buffalo at gunpoint.
Cholmondley hears there's a robbery taking place and takes a friend who's staying on the farm with him to sort it out. As they approach, Cholmondley says, someone inside fires a shot at them - they return fire. One of the supposed robbers is shot dead.
This provoked outrage as two hours later the police established the robbers had been working undercover for the Kenyan Wildlife Service.
Hostilities increased when a murder charge against Cholmondley was suddenly dropped - people lost faith in Kenya's legal system.
Less than a year later poachers were on this remote part of the estate at dusk hunting impala. According to them they hung an impala on a wire. Tom and his friend Flash Tundo were walking nearby when they heard voices and dogs barking.
Charges
The prosecution says Cholmondley deliberately shot at the poachers as they ran off. He maintains he fired at the dogs and that he then heard screams. Both sides accept Cholmondley tourniqueted the man's leg before calling the police.
Robert Njoya suffered a single gunshot wound to the buttock. He later bled to death in hospital.
Earlier in the trial the court travelled up to Soysambu to visit the crime scene. There's nothing wrong at all with the judge seeing where the witness stood.
Cholmondley listens to his friend Flash Tundo give his version of events. He's already told the prosecution how he saw Tom kneel, take aim and fire. He disappeared directly after the shooting. When cross-examined by the defence he denied he was armed that day.
But the defence will argue that the police failed to cordon off the crime scene and could not establish which gun bullet fragments found in the victims body had come from.
Family
Across the estate Robert Njoya's widow now has four children to bring up alone. She knew he was going out hunting that evening.
Meat is a powerful commodity here - it buys favours and opens doors. It is illegal to kill game but people turn a blind eye to those who hunt to feed their families. Poaching for profit however is not allowed.
Fresh traps are found on the Delamere's land every day.
Njoya's brother Joel works in a restaurant beside the estate. Today goat and lamb are on the menu.
Njoya's funeral was very well attended. His death had provoked anger in the community. Politicians saw there was capital to be made. Four cabinet ministers turned up.
"It's destroyed my life. I haven't seen my children in a quarter of their lifetime, it's very very miserable and it's living in limbo."Tom Cholmondeley
Prison
We're arriving at Kamiti prison where Tom Cholmondley has been held on remand for 18 months. I'm told conditions inside are pretty awful and Tom is very low.
"It's absolutely desperate in there. It's destroyed my life. I haven't seen my children in a quarter of their lifetime, it's very very miserable and it's living in limbo."
They certainly weren't making any headway today in court. After hours of waiting for other appeals to be heard the Cholmondley case was again adjourned. Who knows until when.
The fate of the next Lord Delamere and of the Delamere estate hangs in the balance.
