- The Director of Public Prosecutions had in October 2022 approved murder charges against 12 police commanders.
- The police commanders are said to bear the responsibility for the actions and inactions of their juniors who were under their command.
Image: DOUGLAS OKIDDY
The trial of top police commanders implicated in the death of Baby Pendo will start on October 3 after the High Court directed that the suspects plead to murder 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 have 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.
They are 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.
Justice Kimondo on Thursday ruled that the matter can be handled by a single judge of the High Court as it is properly under the court's jurisdiction.
He directed all the suspects to be physically present in court on October 3 for plea-taking.
The 11th suspect, Mohammed Baa, has remained at large and the court issued a warrant of arrest against him.
"A warrant of arrest is hereby issued against Mohammed Baa and he should be produced alongside the other suspects on October 3 to take plea," Justice Kimondo said.
Meanwhile, the state now wants the case transferred to the High Court in Kisumu.
Prosecution counsel Becky Arunga told the judge the matter was initially filed in Nairobi owing to security issues which have since been controlled. She said it would be hectic ferrying witnesses most of whom are based in the Lakeside city, to the capital for hearings.
Arunga said Kisumu remains the jurisdiction where the atrocities were allegedly committed and that it would be proper that the matter is heard in a Kisumu court.
Justice Kimondo said it would not be a big deal transferring the case only that all parties had to agree to the move.
Defence lawyers however raised objections and the judge directed the prosecution to put in a formal application.