First hanging of white man in Kenya dismays settlers

By James Mwangi

NAIROBI, KENYA: August 1960 remains a defining moment in Kenya’s history after an unexpected ruling that saw the first and only white person hanged in Kenya for murder.

Peter Harold Poole, an Englishman, was executed on August 18, 1960 after the Supreme Court of Kenya found him guilty of killing Kamawe Musunge, his African house servant. The death sentence was passed on December 10, 1959 and after his kindred’s petition flopped, the capital punishment went on as ruled.

The 28-year-old Poole goes down as the first and only white person to be hanged in pre and post-independent Kenya for killing an African.

The landmark ruling at a time when Kenya was still under the punitive British rule dismayed the white settlers who reacted angrily to the outcome.

However, flash forward to May 2009 in independent Kenya, when a similar case before a local judge is ruled in what many people felt was too lenient. Thomas Cholmondeley, accused of shooting dead stonemason Robert Njoya in 2006 in his Soysambu Ranch, is sentenced to eight months in jail.

The influential British settler had a year before killing Njoya also shot dead Kenya Wildlife Service game ranger Samson Ole Sisina, but the matter was dropped before going to trial.

‘soft’ sentence

The then Attorney General Amos Wako terminated the case by entering  a nolle prosequi (We shall no longer prosecute), a decision that was widely disparaged by Kenyans and the media, with many believing that Cholmondeley had walked scot free due to his familial influence.

In the latter case, High Court Judge Muga Apondi based his ‘soft’ sentence on the argument that Cholmondeley had been imprisoned for three years already when the case was ongoing. Besides, he had tried to help Njoya with first aid and transport to hospital. Five months into his sentence at Kamiti Maximum Prison, he was released for purported good conduct. Back to 1960, Musunge met his untimely death for throwing stones at one of Poole’s two dogs that had stopped him while riding his bicycle. Poole, who served in the British army during Mau Mau revolt, shot him dead.

Chief Justice Sir Ronald Sinchir while passing the sentence told Poole: “You have been convicted of murder and the law provides for only one penalty — that you be hanged by the neck until you die.” The accused was however given seven days to appeal but his pleas to the Privy Council in London,  the Governor of Kenya and the Queen were dismissed.

A statement issued by the colonial office in London said, “Following the decision of Governor of Kenya not to exercise the prerogative of mercy in the case of Peter Harold Poole, a petition praying for clemency has been submitted to Her Majesty by Merriman, White & Co. solicitors, acting on behalf of Peter Poole and other representatives.”

It continued, “The Secretary of State for the colonies has by Her Majesty’s command given the most consideration to all matters raised in the petition and the representation but has been unable to advice Her Majesty to intervene.”

black man arrested

The white leaders reacted irately. Lord Ogmore, then former Labour colonial under-secretary said the decision to not grant reprieve was a mistake while MP Marcus Liptur termed it ‘callous’. And on the day when Poole’s date with the hangman at Nairobi Prison arrived, the crowd of about 300 Africans and whites gathered outside, patiently waiting to witness the death. At around 8 o’clock, Poole was hanged and a note certifying his execution was posted on the prison gates a few minutes past 9 o’clock.

The notice read, “J A M’ Kinney, Superintendent of the prison and Dr D H Mackay, medical officer, certified that the sentence of death passed on Poole by the Supreme Court of Kenya had been carried out”.

However, in the midst of celebration outside the prison, a black man who shouted, “Justice has been done” was arrested. A white supporter in the midst too shouted, “May courage be rewarded in Heaven.”

The verdict got media attention worldwide with Time Magazine on August 29, 1960 reporting, “Precisely at 8 o’clock one night last week, the slight, heavily shackled form of 28-year-old English Engineer Peter Poole dropped through the hangman’s trap door in Nairobi Prison…”