The Court of Appeal has stopped the scheduled plea-taking for 11 police officers facing prosecution for crimes committed during the 2017 post-election violence in Kisumu.
Six-month-old Baby Pendo who was killed during a brutal midnight operation has become the face of the court case.
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 facing 47 counts of crimes against humanity.
The offences were allegedly committed during the 2017 post-election violence in Kisumu.
The officers were the commanders of the brutal police operation during which the crimes were committed.
They are facing charges as a result of command responsibility.
The High Court last month ordered that the prosecution arrest the eleventh suspect Mohamed Baa or he be struck off the list of the suspects so plea can be taken on March 3, 2025.
However, the remaining suspects moved to the Court of Appeal to challenge their prosecution and plea-taking saying they risk losing their jobs.
Court of Appeal judges Patrick Kiage, Weldon Korir and Joel Ngugi on Wednesday issued orders staying the proceedings at the High Court following the appeal.
Lawyers representing the officers led by former Law Society of Kenya president Nelson Havi argued that the inquest conducted in Kisumu that recommended charges against the police officers was unfair because they were never accorded an opportunity to be heard.
But the DPP said the issues raised by the suspects can be canvassed during their trial.
Lawyer Willis Otieno representing Utu Wetu for the victims said the appeal was not merited as the case has yet to begin because plea-taking has not happened.
Justice Kiage said the appeals raised weighty issues that require consideration and determination by the court.
“We shall render our ruling on March 21, 2025. In the interim, stay orders are hereby issued staying the plea-taking scheduled for March 3. It is so ordered,” Justice Kiage said.
