Kenya court jails Delamere kin for eight months

• Director of Public Prosecution Keriako Tobiko acknowledges Mr Cholmondeley was a first offender.

• Judge Apondi had initially reduced Cholmondeley’s murder charge and convicted him for manslaughter.

Lord Delamere's heir Tom Cholmondeley has been sentenced to eight months imprisonment for killing stonemason Robert Njoya.

High Court Judge Muga Apondi handed down the light sentence on Thursday, two days after hearing final submissions from both the prosecution and defence.

"In view of the total circumstances of the case and the guiding principles to sentencing, I hereby wish to impose a light sentence on the accused to allow him reflect on his life and change to an appropriate direction," said Judge Apondi.

"The upshot is that I hereby sentence the accused to 8 months imprisonment."

The judge said the fact that Mr Cholmondeley has " been held in custody for slightly over three years since he was arrested" and had no malice aforethought (intent to kill) prompted him to issue the light sentence.

He said that the prosecution had acknowledged that Mr Cholmondeley made desperate attempts to save the life of Mr Njoya, including calling Kenya Wildlife Service rangers and the police after the fatal shooting. He also offered his car to rush the victim to hospital.

The Director of Public Prosecution Keriako Tobiko also agreed that Mr Cholmondeley was a first offender.

These two mitigating factors were crucial in determining Cholmondeley's prison term, said Judge Apondi.

The judge said Mr Cholmondeley reserves the right to appeal the sentence.

The judge's ruling, in effect, means that Mr Cholmondeley will now serve for eight months, starting Thursday, on top of the three years he has been in custody at Kamiti Maximum Prison.

Defence lawyer Fred Ojiambo said the judge was very just in what he pronounced.

“All in all it was a just sentence. The sentence starts now and I expect my client will return to Kamiti,” he said.

He did not indicate whether he will appeal or not.

However, Mr Tobiko said he will appeal for enhancement of the sentence, which he termed as too lenient.

He said the sentence does not meet the ends of justice since an innocent life was lost.