The High Court in Nairobi has granted the Director of Public Prosecutions (DPP) 30 days to review charges in the baby Pendo murder case.
Lady Justice Margaret Muigai, sitting at the Milimani High Court, in her ruling on Thursday allowed the prosecution’s application to have more time to review the charges.
Baa's whereabouts remain unknown despite the court extending
a warrant of arrest against him.
Further, the court directed the Inspector General of Police or a senior police officer to update the court on efforts undertaken to trace Baa.
According to DPP, Baa and 11 of his colleagues namely Titus Yoma, Titus Mutune, John Chengo, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robe, Josphat Sensira, Mohammed Ali Guyo and James Rono are set to face charges in relation to the death of baby Pendo which occurred during the violence after the 2017 General Elections.
"The suspects are expected to face the charges instituted under the International Crimes Act 2008, considering the role played by each of them on the basis of the international law principle of superior responsibility," DPP said.
The application seeking more time to review charges was made by Prosecuting Counsel Gikui Gichuhi and Mark Barasa.
The victim’s lawyer, Willis Otieno, informed Justice Muigai
that seven years have passed since the victim was killed during the 2017
post-election violence.
Otieno pointed out that two judges, Justice Kanyi Kimondo and Lady Justice Lilian Mutende, had ruled that the officers should face criminal charges.
He argued that the absence of one suspect, Mohammed Mbaa, should not prevent the indictment of the remaining ten officers.
The court was told that the officers who are present can be charged, and if Baa is located, the DPP can amend the charge sheet accordingly.
