NAIROBI, September 16 – Lawyers defending Naivasha rancher Tom Cholmondeley on Tuesday said there was no evidence adduced by the State to show that the accused shot stonemason Robert Njoya more than two years ago.
Fred Ojiambo told Justice Muga Apondi that in the absence of key witnesses to show that his client shot Njoya, the prosecution had not proved its case.
“The prosecution is under obligation to establish facts but they have not shown any evidence to link Cholmondeley with the shooting of Njoya. And the alleged confession by my client is also not sustainable under the law,” Ojiambo told the judge during final submissions when the case resumed at the Nairobi Law Courts.
He added that contrary to what the witnesses had told the court about his client’s alleged confession, Cholmondeley had personally denied shooting Njoya at the Soysambu Ranch in Naivasha on May 10, 2006.
The prosecution is led by Director of Public Prosecution Keriako Tobiko who was due to give his submissions on Wednesday..
In his defence Cholmondeley admitted shooting three dogs but denied he killed Njoya, whom he had accused of poaching at his vast farm together with three other people.
The trial is the second against the aristocrat who was also accused of killing a Kenya Wildlife Services ranger Samson ole Sisina in April, 2005. That case was terminated by the Attorney General before it reached the hearing stage.
Ole Sisina’s family has already sued the State calling for the re-opening of the case. They have objected to the termination of the case and the subsequent directions by the Attorney General for the formation of an inquest.
The case by the KWS ranger’s family was referred to Chief Justice on Tuesday for further directions after one of the judges who was hearing it was transferred to another station.
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