The High Court has rejected a petition from 12 police officers challenging charges related to the 2017 murder of Baby Pendo in Kisumu County.
The officers had argued that the court lacked jurisdiction to handle the charges under the International Crimes Act.
On Thursday, High Court Judge Kanyi Kimondo ruled that the case falls within the court’s jurisdiction and a single judge can oversee it.
He supported the decision to charge the officers made by the Director of Public Prosecutions (DPP) and set the date for the suspects to appear in court on October 3.
Judge Kimondo stated that the officers failed to demonstrate that their constitutional rights were violated by the decision to charge or by the nature of the charges.
The judge also clarified that any legal and evidential questions related to the case, including whether the charges qualify as international crimes, will be determined by the trial court.
This includes assessing the responsibilities of police commanders and the effectiveness of their commands.
Baby Pendo, a young girl, died in August 2017 after being struck on the head by police officers who had raided her family’s home.
In October 2022, the DPP approved murder charges against the 12 police commanders involved following investigations by the Independent Policing Oversight Authority (IPOA) and a magistrate’s ruling.
The accused officers 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.
Mohammed Baa is currently at large, and the court has issued a warrant for his arrest.
Judge Kimondo upheld this warrant and ordered Baa to appear in court alongside the other suspects on October 3.
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