Case against 12 police officers in Baby Pendo murder trial postponed to end month
The High Court has pushed the plea-taking of 12 police officers accused of killing Baby Samantha Pendo during post-election violence seven years ago to January 29.
The officers were to plead to the charges today but the matter failed to proceed following the transfer of Justice Lilian Mutende, who was hearing the case.
The officers will now appear before Justice Margaret Muigai on January 29 to plead to the charges.
The Director of Public Prosecutions had in October 2022 approved murder charges against 12 police commanders.
This is after the Independent Policing Oversight Authority conducted its investigations and a magistrate ruled the suspects had a case to answer following an inquest.
The suspects are Titus Yoma, Titus Mutune, John Chengo, Linah Kogey, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robi, Josphat Sensira, Mohammed Ali Guyo, Mohammed Baa and James Rono.
Baa remains at large and he has never been arrested despite the court extending arrest warrants against him.
The suspects are faced with 47 counts of crimes against humanity including murder, torture and rape.
The offences were allegedly committed during the 2017 post-election violence in Kisumu.
Baby Pendo who died after she was allegedly hit by a blunt object as anti-riot police officers pursued protesters in their compound, has become the face of the victims.
The police commanders are said to bear the responsibility for the actions and inactions of their juniors who were under their command.
When they were first arraigned before Justice Kanyi Kimondo at the High Court in Nairobi, their lawyers raised objections to them taking plea arguing the charges as framed under the International Crimes Act, cannot be handled by the court.
They said a special court or tribunal should be formed to hear the matter or the suspects be taken to the International Criminal Court in the Hague, Netherlands.
It was also their argument that the plea-taking be held in abeyance until the case is heard and determined.
But Justice Kimondo ruled that the matter can be handled by a single judge of the High Court as it is properly under the court’s jurisdiction.
