Wednesday, May 25, 2005
A Very Friendly Message to Mr. Murgor
Hon. Philip Murgor,
Director of Public Prosecutions,
P.O. Box 40112,
Salamu kutoka Montreal.
How are things in Nairobi these days?
My name is Onyango Oloo.
I do not know if you remember me.
The last time I saw you in person was
on the morning of Monday, November 1, 1982 at the D Block of the Industrial Area Remand Home in Nairobi. Remember what happened that morning? The previous night I had gotten into trouble with the night askari because we kept speaking loudly after the 9 pm curfew. Remember it was the night before my sentencing and many of us- how many students were packed in that filthy corridor, 67, 68 or 70? I can no longer remember the precise number, but I had started the ball rolling by informing you that this was finally IT- the next day I would be swung from the Remand Home to the Nairobi Law Courts to Kamiti and you folks- people like Vitisia, Sagalla, Omondi Oludhe, the Aseka brothers, Momoima Onyonka, the late Thumbi, Njuguna Mutonya, the late Mwakdua wa Mwachofi, Onyango CA, Kibisu Kabatesi, Wahinya Boore, Thomas Mutuse, Kirimaina Kimaita, Adongo Ogony, Jeff Mwangi, Ongele Opala, Kadima Osundwa, your friend and my classmate David Mambo, Ciira Wabere, David Murathe and so many other people- you all made things lighter for me by encouraging me to remain strong and steadfast… Then in the morning as I was preparing to go to court KABOOM! There was Officer Muraya and his squad, and remember how I was almost clobbered- only spared because the askaris did not want to see me showing up in court, hobbling, bloodied and bruised. Partly because of that collective pep talk, I was surprised that I was not even afraid of Muraya's threats to have me beaten up. Later on I was told by David Murathe (or somebody else from those ’82 arrests who was picked up again and joined us at Kamiti in 1986 during the Mwakenya Crackdown) that all hell broke loose that morning, that all of you guys were immediately transferred and scattered out of Block D with people like Adongo ending up in the notorious G Block with the hard core wazimu and capital offences remandees.
So where is your pal Mambo these days? I always wonder about the 1982 Industrial Area D Block student inmates because we did share a macabre experience together. It is interesting how things turned out- there you are today as the DIRECTOR of Public Prosecutions! Hebu Imagine! Don’t you find that sort of ironic? Did you know that the late JJ Ouma who had been a second year engineering student but had always been a Special Branch informer, immediately dropped out of U of N and went to Kiganjo Kenya Police College where he signed up for official police training? I am not sure if this is true, but I did hear from the grapevine that his own demise came after he was mixed up in that whole Ouko mess- JJ was from Hezekiah Oyugi’s neck of the woods, so I hear.
Philip, believe it or not, I did not take this time to communicate with you in order to chit chat while idly reminiscing about the bad old Industrial Area days.
I am writing to you because I am EXTREMELY pissed off at YOU personally and your boss, Amos Wako.
I mean, Philip, are you out to lunch or something?
Have you guys at Sheria House lost your freaking minds or what?
C’mon, it is getting pretty brazen and blatant.
Can’t you at least PRETEND that there is an ATTEMPT at securing even the slightest modicum of justice?
A couple of hours ago, I came across this Reuters news dispatch that quotes the Attorney General as saying:
"If I was to charge (Cholmondeley) with murder just because the public, media and everybody wants me to, even if there is no evidence, I would be failing the people of this country."
And the following newspaper account reproduces what YOU, Philip Murgor, allegedly blurted out, without a hint of shame, in a telephone interview carried by the May 21st edition of the East African Standard:
Lord Delamere's grandson can neither be charged with murder nor manslaughter even after an inquest, the Director of Public Prosecutions said yesterday.
Mr Philip Murgor said a murder charge would never be sustained because Thomas Patrick Gilbert Cholmondeley did not have "malice aforethought" when he killed Samson Sisina. "Cholmondeley is a law enforcement officer and is licensed to carry a gun to protect himself against attack and any danger posed by human beings and wild animals at his property. Law enforcement officers kill everyday in the course of duty and we do not charge them with murder or manslaughter," said Murgor.
In a telephone interview, the DPP said it would be absurd if persons licensed to carry guns did not use them when their life was in danger.
He said a manslaughter charge against Cholmondeley would not hold because "this is a case where the killing occurred in self-defence. Manslaughter refers to a situation where you do not intend to kill someone but end up killing him or her. In this case and, based on the evidence so far, Cholmondley killed after he was attacked."
The DDP said statements to police indicated that a bullet was fired from the gun of the deceased and that it was Sisina who fired first.
Murgor said Cholmondley would only be charged in a court of law if the public inquest finds that an offence was committed.
The DDP said the attorney-general ordered a public inquest because the evidence did not disclose any offence known in law.
Murgor said statements of witnesses said Cholmondley killed Sisina in self-defence and in the belief that he was a robber.
The inquest, to be presided over by a Nakuru magistrate, would be expected to gather evidence to ascertain whether or not an offence was committed.
The DDP said it was a misnomer for anyone to think that the inquest is to gather evidence to support a charge of manslaughter against Cholmondley.
However, Murgor said the AG's office would abide by the inquest findings and recommendations and "as is the practice, order for further investigations if necessary".
The DPP defended the A-G against allegations that he had moved with unprecedented speed to terminate the case.
"This is a case where the police sidestepped the A-G's office and took the matter to court. The police tricked the State Counsel in Nakuru to sign the charge sheet. When we later looked at the evidence to be relied on in prosecution of the case, we found it not satisfactory. We had to terminate the case," said Murgor.
Is Wako for REAL?
How about you, Philip Murgor?
Is your head still firmly attached to your trunk?
Like I told someone else online not too long ago, I do not know what you folks have been chomping on, or more likely smoking, because whatever it is, it has whacked the rational portions of your brains to smithereens, and I can only wish both of you a speedy recovery so that you regain full use of your mental faculties if that is indeed the case.
Mr Murgor, being a lawyer who has practiced in the profession privately and publicly for a number of years now, I am pretty sure you are familiar with the concept of sub judice, a concept that frowns upon the public commentary on a legal matter that is yet to be determined.
Yes, I know that you had “determined” the outcome of Thomas Delamare’s murder charge, by TERMINATING those charges, so in a manner of speaking you cannot be technically blamed for violating the sub judice rule because as you said in as many words, the Kenya government has pretty much guaranteed the members of that billionaire land owning settler clan that their sole heir can leisurely look forward to the day he inherits the debts, demerits, insider connections and of course the wealth of the fabled/notorious Delamare family.
On the other hand, the BRILLIANT idea of convening a consolation “public inquest” came from Sheria House.
Why on earth, then, did you, Philip Murgor feel COMPELLED to say things like:
"The manslaughter charge cannot hold because this is a case where the killing occurred in self-defence. Manslaughter refers to a situation where you do not intend to kill someone but end up killing him or her. In this case and, based on the evidence so far, Cholmondley killed after he was attacked."
Apparently, Mr Murgor, the arresting and investigating police officers who had the chap arraigned on first degree murder charges had a different opinion from the one you express so irresponsibly in an interview with one of Kenya’s two leading dailies.
So what will be the point of the so called “public inquest” if the second most senior person at Sheria House has rushed to the defence of young Thomas?
Philip Murgor, I am pretty sure you have seen, heard or read of the national and international outrage that greeted your controversial decision to unleash the aristocratic bird before the Sisina family had their day in court.
This reaction from the Kenya Human Rights Commission is among the most restrained and polite.
When you get a chance, go online and check out my dramatic sketch for a second trial of the so called “Lord”.
In any case, Philip, I personally do not think you have ANY CREDIBILITY left when it comes to the pursuit of justice.
Do you remember what you told Mrs. Margaret Mbai, the widow of Dr. Odhiambo Mbai on Tuesday, February 2, 2004?
Let me refresh your memory by quoting from a section of your response to Mrs. Mbai:
"I urge you to forward any additional, relevant evidence on the death either to myself or to the director of criminal investigations. This is to further assure you that the Attorney-General will consider these in determining the issue of any prosecution."
Remember that little letter, Philip Murgor?
What ended up happening to the leading suspects in the Mbai case?
Did Margaret Mbai ever get justice?
Does the Kenya government know the identities of the people who killed her husband? Will she ever get closure?
This is what millions of Kenyans know:
Another group of high profile killers got off scot free.
Did your office ever pursue those leads printed in the Standard that identified the shooter and his Tanzanian hideout?
Did you take seriously the testimonies that fingered NARC Chief Whip Norman Nyagah as the mastermind who bankrolled the hit on Dr Odhiambo?
Of course you did No Such Thing.
For their pains in bringing the truth about Mbai’s death to the public domain, your office targeted David Makali, a widely respected news editor and a police officer who seems to have committed the late Sisina’s crime- doing one’s job in terms of investigating criminal activities by the high and mighty.
Dr. Odhiambo Mbai who some of us knew, is today lying lifeless in a grave somewhere in Nyanza province while his youthful assassins are probably boasting non-chalantly how they literally got away with murder.
From the look of things, it would appear that you, Philip Murgor, would earn tons of money advising other public prosecutors around the world on how to lose open and shut cases of plain, capital murder especially when the chief suspects are rich and/or well connected.
And speaking of the police and their methods of investigation, let me be the first to underscore my horror at their often rotten methods that has left many dead, maimed and psychologically scarred. So I will not romanticize the Kenyan detective profession.
What is absolutely BIZARRE about Amos Wako is that today he can say:
"If I was to charge Cholmondeley with murder just because the public, media and everybody wants me to, even if there is no evidence, I would be failing the people of this country."
Please excuse me while
Why did I just throw up?
It is because I cannot believe that someone like Wako who has never seen a political thug that he cannot defend or protect is today posing and posturing as someone with even the tiniest traces of ethical probity.
Philip, turning to you again, sometimes I am not sure if you ever did the paradigm shift changeover from Central Bank of Kenya lawyer to the Director of Public Prosecutions.
In the remote possibility that you did, can you then give me the 411 on when the following cases of state thuggery against ordinary Kenyan wananchi will be investigated and the rogue cops brought to justice?
Will Nicholas Biwott ever be tried for the murder of Robert Ouko?
Will James Opiyo ever be tried for torturing the so called dissidents at Nyayo House?Will the father of your nemesis ever be prosecuted for Goldenberg and its aftermath?
Will Omar Masumbuko and other associates of the late Karisa Maitha be made to account for the roles in the infamous Likoni Massacre?
While you ponder these questions, I will pause here and await your response.
By the way, with all the money the Kenyan tax payers are pouring into Sheria House, surely Philip, how come you guys cannot afford even an El Cheapo web based OFFICIAL email address?