
Twelve police bosses who are believed to bear the greatest responsibility for the killing of Baby Pendo during the 2017 post-election chaos in Kisumu will today be charged with her murder.
The suspects; 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 were first arraigned in 2022 but are yet to take a plea.
The delay is mainly because of a case they filed that challenged their prosecution.
Through their lawyers, the officers had initially faulted the proposed charges in a preliminary objection until Justice Kanyi Kimondo ruled in July 2024 that the suspects were properly arraigned and should plead to the charges.
He directed all the suspects to be physically present in court on October 3 for plea-taking.
However, the plea-taking was again deferred as the eleventh suspect Mohammed Baa was not present in court.
Baa has never appeared since his colleagues were first arraigned and has not been arrested despite numerous warrants for his arrest.
Senior Assistant Director of Public Prosecutions Vincent Monda told Justice Kimondo that the nature of the charges requires that all suspects must take plea together.
The suspects are facing 47 counts of crimes against humanity including murder, torture and rape.
Monda asked that the case be adjourned for a month so that the police could arrest Baa and produce him in court for plea-taking.
Justice Kimondo deferred the plea-taking despite strong opposition from interested parties including human rights groups who are also parties in the case.
They said the delay amounted to trampling on the rights of the victims.
Today, the suspects are expected to appear before Justice Lillian Mutende to plead to the charges.
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.
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