Director of public prosecution Keriako Tobiko maintains that Tom Cholmondeley is guilty and that the defence did not challenge some testimonies given by some witness in a bid to try to clean his name.

Cholmondeley is charged with killing Robert Njoya three years ago at his Soysambu ranch in Naivasha.

Keriako Tobiko told the trial judge Muga Apondi that the testimony of Carl Tundo relating to what happened at the scene on the material day is consistent to the narration of events by Tom Cholmondeley in his statement to the police.

He submitted that some witnesses who testified including a police officer who had the earliest opportunity to inquire what had happened told the court that Cholmondeley admitted to have been shooting at two dogs when he also shot the deceased.

Tobiko told the court that the testimonies were not challenged by the defence at all.

Elsewhere an appeal against a death sentence against the wife of a former lands commissioner Elizabeth Gitiri Gachanja and seven others failed to take off after a lawyer representing one of the accused fell ill hence they could not complete submissions in the two days allocated.

Appellate judges Onyango Otieno, Erastus Githinji, and Philip Tunui directed them to get a hearing date from the registrar.

The eight were sentenced to death in March 2003 for the murder of Florence Githinji Magondu at Kitengela in Kangundo district on 12th March 2003.

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API/Source.kbc