@ Nonfor,i totally agree with you,this guy has been in remand for more than three years,he has already saved time for the offence for which he was ''found gulity'' . If i had shot the same guy in my property at night i would not even have spent a day in remand.


wote

Judicial controversies are not only confined to Kenya. Remember OJ's and Mj's acquittals in the US? As the judge said,sentencing is not scientific but an art,in other words subjective

Wendz,if the prosecutor was serious,a manslaughter case would have been brought. Then family lawyer would have been more concerned about a civil suit.

If you wanted an example of how bad our prosecutors are,you need not go further than this case. No wonder many poor people are languishing in our prisons since the DPP's office is inept and comes out with stupid charges and the poor man cannot afford good representation since our lawyers are busy drinking at the latest strip joint.

As you can see,the delamare family is already one step ahead saying that they are willing to assist the deceased family. So my question is exactly what law do Kenyan lawyers study?

Even Ruto cries.

@ Fundaah,

What's the point? should the pregnant 'murderer' like you said have gotten more or less.

In most cases unless bribery is involved,the judges pass their verdict based on the strength of the prosecution. Doesn't it make make you wonder why the three suspects arrested over the Kiambaa murders were acquited for lack of evidence?






Everyday!

I believe the judgment was fair,let them take care of the widow and the children,for me this is more important!!!!

The chief value of money lies in the fact that one lives in a world in which it is overestimated.

Chomondoley wasnt going to get a long sentence after all...with all the money..

BTW @ Spendthrift is preganancy a defense for a murderer? then which man would be left standing given the kind of tempers Pg women have especially against the man responsible?





I mean fundamental analysis,you get me? Fundamental analysis of a business involves analyzing its financial statements and health,its management and competitive advantages,and its competitors

with M7 calling wajaluo mad....he must have reffered to this particular one....Tom

or they dont call him Tom charles omondi any more???

i cant trust him even with a toy gun!!!!....kweli sheria ni punda!!!

nini iko????

@nanfor - Trespass alone is not a defence to murder under the Kenyan law. You can talk of provocation (which will reduce a conviction from murder to manslaughter),defence of property,defence of self,defence of life etc. But never trespass solely. So to say that the issue that the victim was a trespasser should have made the DPP charge him with manslaughter or let him be is just your subjective opinion but not supported by any law. In fact I would believe that the court looked at that and disregarded it as it seems the reduction to manslaughter was solely based on the abscence of malice aforethought and 'mens rea'. ( That is another discussion alltogether without having the benefit of reading thejudgement it seems that the judge was holding that malice aforethougt cannot be formed a few seconds before an act of killing is executed).

Whereas the DPP/AG/Police are rightfully blamed for all manner of abuse of the criminal process in the type of charges that they bring against various accussed,in this instance it would be a bit too rich to blame them. The charges in my opinion was proper,legal and deserved. As it was within the judges power to on examining the evidence to reduce it to manslaughter.

Whether the judgement of the court was right or wrong we can only speculate but such speculation should be tempered with the knowledge that we cannot pass judgement on the judge without looking at the evidence that was placed before him and reading and understanding the whole of his decision.

On the sentencing,there was really nothing out of ordinary in this matter - there asre cases of sentences of even one day for manslaughter in the Kenyan judicial history. Now do not be surpsired if Shaft is already getting Njoya's widow's cosent to sue Chomli.

And for those bringing in the first killing by the accussed,you have to realise that it was not what was in contest in this matter. That killing never led to a conviction and I believe that it was never introduced in this case for the very reason that it was not admissible. If it was then Cholmondley ought to have fired his lawyers.


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Jaina,while the penalty for murder is a mandatory death sentence,I believe there is something in law against sentencing a pregnant woman to death. It is in fact not the first time it is happening in Kenya so do not talk of precedents being set. The precedents are already in Kenyan case law - both for the pregnant woman escaping death and manslaughter drawing a short jail term or even no jail term at all.

BTW - Though they pass death sentence all the time - they do not execute them in Kenya anymore. Interestingly the failure to hang (execute) those sentenced to death in Kenya is a human rights issue as in an abuse of the death row's human rights.

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