31 July 2012

Kenya: State and Ole Sisina Family Holding Talks

THE family of a Kenya Wildlife Service ranger killed seven years ago in a Naivasha farm belonging to rancher Tom Cholmondeley are negotiating with the state with a view of settling the matter out of court.

Appearing before Justice Mohammed Warsame yesterday, the family of Samson ole Sisina together with the state and Cholmondeley's representatives said they were yet to agree on the settlement and needed more time to negotiate.

Consequently, Justice Warsame gave them until August 16 when they will appear in court and confirm whether they will have reached a deal. The case was set to be heard yesterday but it was postponed to allow the parties to hold further negotiations. Ole Sisina's family moved to court to challenge a move by the Director of Public Prosecutions to terminate murder charges against Cholmondeley. Former DPP Philip Murgor entered a nolle prosequi, terminating the charges on instructions of the Attorney General.

In terminating the charges, the DPP directed police to carry out an inquest but that was not done. The family, however, challenged the constitutionality of the move. In February last year, Cholmondeley applied to be enjoined in the case. The rancher through Fred Ojiambo said ole Sisina has adversely mentioned him in the case. He was directed to file the necessary papers in response to the suit.

Ole Sisina was killed on April 19 2005 while on allegedly on undercover operation at Cholmondeley's Soysambu Farm. The KWS was allegedly investigating a claim that game meat was being sold on the farm. In its defence, the DPP says that the termination of the case was done in good faith and in the interest of justice. The state says that the move was within the law and the High Court was right in accepting the nolle prosequi. The DPP further said that the state was ready Cholmondeley should he be found liable for the death of Ole Sisina at the end of the inquest.

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