25 septembre 2006
The Cholmondeley trial
Last May, white landowner and heir of one of Kenya’s early British settlers, Thomas Cholmondeley (pronounce Chum-ley), shot down a black Kenyan on his land – for the second time. Almost exactly a year ago, Cholmondeley was arrested for the murder of an undercover Kenya Wildlife Services agent whom he had allegedly mistaken for a thief. He was trialed but acquitted, sparking outrage in the Maasai community where the dead man was from.
Cholmondeley was officially released because there was not sufficient proof that he hadn’t act in self-defense, as he was claiming. But many suggested that he got away with the murder thanks to his political connections and the influence of his family.
The story highlights an issue that is sensitive in Kenya, and particularly in the Rift Valley region: the land issue. During colonial times, British settlers grabbed large patches of land in the fertile area around Naivasha, signing contracts with illiterate Maasais who handed their territory over for small sums of money and without always understanding all the implications.
At Kenya’s independence in 1960, most of these lands, except a few ranches, were handed back to the State. The few 
remaining white-owned ranches are for most them huge – Cholmondeley’s is said to be between 50,000 and 100,000 acres - and teeming with wildlife. They produce meat and dairy products, and employ many local Kenyans. But despite the economic support they give to the region, resentment runs high among the poor neighboring communities forced to live on tiny patches of land on the outskirts of the white-owned immense properties.
With no other way to survive, some regularly sneak into these private lands to poach wild animals for food. Crime and insecurity have also been on the rise this past couple of years, during which 4 white Kenyans were killed by armed robbers.
Cholmondeley was being trialed this week for the second murder, this time of a poor Kenyan that he caught poaching on his land. His lawyer argued that he acted in self-defense again, while the other party tried to portray him as a barbaric and neo-colonial racist.
On Monday, Andrew and I were at the law courts to film Cholmondeley’s arrival. After 4 months in jail, he was brought to court, the only white man packed in a large police truck with the dozen of other suspects to be trialed that day.
His family was waiting in the hallway, making no effort to hide from the international and local journalists who had come to cover the story.
When we were finally let into the courtroom, the journalists were filling half of the seats. The BBC, Al-Jazeera, Reuters, AP, the New York Times, we were all there.
Cholmondeley was brought in and sat down next to the suspects for 6 other cases, who were quickly called and dismissed to leave time and space for the high-profile case of the day.
We were not supposed to film during the court’s proceedings, but when Cholmondeley arrived we all tried our luck and because nobody said anything, we kept filming and filming as much as we could.
Andrew was about 10 cm away from Cholmondeley’s face (he kept his eyes closed during most of the hearings), when his lawyer called out to the judge:
- Your Honor, I have to say I don’t agree with what is going on. There are journalists taking pictures of the accused during the court’s proceedings. This is forbidden by law.
- Journalists?
- Yes, your Honor.
- Oh. You’re saying they are taking pictures? Which ones are taking pictures exactly?
We all looked at each other and repressed a smile. Was this judge blind or what? We were ALL filming. We instantly acted innocent and surprised. The lawyer smiled too and said:
- Well, your Honor, all of them.
- Oh. (silence)
- Your Honor, I suggest that if they want to take pictures of the accused, they wait until we’re done for today, and then they can get him outside.
- Right, right.
The trial resumed. After the witnesses were introduced, the prosecutor began his statement.
Your Honor, the Cholmondeley ranch measures 50,000 acres (silence). These 50,000 acres are teeming with buffalos, zebras…
- I’m sorry, you said buffalos?
- Yes your Honor.
- Can you repeat the sentence?
- Yes your Honor. It’s teeming with buffalos, zebras, antelopes…
That’s when I realized that there was no stenographer. The Judge was actually noting EVERYTHING down, HIMSELF. It felt like we were in a classroom during a dictation. And the judge was not particularly quick at this exercise.
It soon became totally absurd. This was taking forever. Then I understood why Cholmondeley was keeping his eyes closed: he had been through this before and he probably knew he should save his energy if he wanted to last until the end.
As for us the journalists, we were all getting very impatient. Adam from the BBC was raising his eyes to the sky. Andrew and I were itching to get out of it, but we had to wait for the prosecutor to be done with his statement. When he pronounced his last sentence, many of us rushed to the exit. “At this pace, it’s going to take weeks”, said a woman photographer.
If Cholmondeley is found guilty, he could face the death penalty – by hanging.
Commentaires
good!
