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Aristocrat guilty of manslaughter Aristocrat guilty of manslaughter
(10 minutes later)
A white Kenyan aristocrat has been cleared of murder but found guilty of the manslaughter of a black poacher on his estate in 2006.A white Kenyan aristocrat has been cleared of murder but found guilty of the manslaughter of a black poacher on his estate in 2006.
A judge ruled Thomas Cholmondeley did not show "malice aforethought" in the shooting of Robert Njoya in May 2006.A judge ruled Thomas Cholmondeley did not show "malice aforethought" in the shooting of Robert Njoya in May 2006.
The case, involving the descendant of one of Kenya's first British settlers, has been followed closely in Kenya. The case, involving the descendant of one of Kenya's first British settlers, has attracted huge media attention.
Mr Cholmondeley was acquitted of a similar murder in 2005, stoking racial tension in the East African country. There was national outrage after a murder charge against Cholmondeley in 2005 was dropped for lack of evidence.
'No malice''No malice'
The courtroom in the Kenyan capital Nairobi was packed with lawyers, reporters, cameramen, and family and friends of Thomas Cholmondeley, the BBC's Adam Mynott in court said.The courtroom in the Kenyan capital Nairobi was packed with lawyers, reporters, cameramen, and family and friends of Thomas Cholmondeley, the BBC's Adam Mynott in court said.
There were gasps of surprise as High Court Justice Muga Apondi gave his ruling after reading out a 320-page verdict on the case, although the defendant himself remained impassive.There were gasps of surprise as High Court Justice Muga Apondi gave his ruling after reading out a 320-page verdict on the case, although the defendant himself remained impassive.
"I find as a fact that it was the accused who had shot the deceased resulting in his death," he said."I find as a fact that it was the accused who had shot the deceased resulting in his death," he said.
"In view of the above analysis I hereby find which I do, that the accused did not have any malice aforethought to kill the deceased.""In view of the above analysis I hereby find which I do, that the accused did not have any malice aforethought to kill the deceased."
He said he had therefore decided Mr Cholmondeley should be acquitted of the murder charge, but found guilty of manslaughter.He said he had therefore decided Mr Cholmondeley should be acquitted of the murder charge, but found guilty of manslaughter.
The Eton-educated 40-year-old, who has spent the last three years in jail, will be sentenced next week.The Eton-educated 40-year-old, who has spent the last three years in jail, will be sentenced next week.
Surprise outcomeSurprise outcome
The incident took place in a remote corner of his family's massive 100,000-acre farm in the Rift Valley region, acquired by his great-grandfather the third Baron Delamere.The incident took place in a remote corner of his family's massive 100,000-acre farm in the Rift Valley region, acquired by his great-grandfather the third Baron Delamere.
Mr Cholmondeley told police at the time Mr Njoya was with three companions and a pack of dogs and he suspected them of poaching a gazelle.Mr Cholmondeley told police at the time Mr Njoya was with three companions and a pack of dogs and he suspected them of poaching a gazelle.
He said he had shot at the dogs, killing two of them. Mr Njoya was hit by a bullet, later dying on the way to hospital.He said he had shot at the dogs, killing two of them. Mr Njoya was hit by a bullet, later dying on the way to hospital.
Mr Cholmondeley's defence had argued that he could not have fired the deadly shot.Mr Cholmondeley's defence had argued that he could not have fired the deadly shot.
The judge's verdict is contrary to the non-binding not guilty verdict found by a panel of lay assessors - who do a similar job to juries in Kenya - in March.The judge's verdict is contrary to the non-binding not guilty verdict found by a panel of lay assessors - who do a similar job to juries in Kenya - in March.
The outcome will surprise some who followed the case closely, our correspondent says.The outcome will surprise some who followed the case closely, our correspondent says.
But it will please those Kenyans who believe Thomas Cholmondeley should not have been acquitted over the shooting of Maasai ranger Samson Ole Sisina on his estate in 2005. But it will please those Kenyans who believe Thomas Cholmondeley should have been prosecuted over the shooting of Maasai ranger Samson Ole Sisina on his estate in 2005.
Mr Cholmondeley, a divorced father of two, had admitted the shooting, but said he acted in self-defence mistaking the warden for an armed robber.Mr Cholmondeley, a divorced father of two, had admitted the shooting, but said he acted in self-defence mistaking the warden for an armed robber.
The case was dropped for lack of evidence and his release prompted national outrage and mass protests from Maasais.
Much of Kenya's most fertile land was given to white settlers during the colonial era and this remains the case 46 years after independence - a fact resented by many Kenyans.Much of Kenya's most fertile land was given to white settlers during the colonial era and this remains the case 46 years after independence - a fact resented by many Kenyans.