The Court of Appeal has temporarily stopped the plea taking for 11 senior police officers linked to the 2017 killing of six-month-old Baby Samantha Pendo in Kisumu.
The officers were set to be arraigned on March 3, 2025, but that has been postponed pending a ruling on March 21.
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Court of Appeal judges Patrick Kiage, Weldon Korir, and Joel Ngugi on Wednesday, February 26, issued the stay order following opposition from the National Police Service (NPS) and the accused officer.
Moreover, the officers, who are charged under the doctrine of command responsibility, argued that proceeding with plea-taking would infringe on their constitutional rights.
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Consequently, it would cause their automatic interdiction, affecting their livelihoods.
Also Read: 11 Police Commanders Ordered to Appear in Court Over Baby Pendo’s Death
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NPS Seeks to Join Baby Pendo’s Case
On the other hand, the NPS, which had not participated in earlier High Court proceedings, also sought to be joined in the appeal.
According to the police service, they have a legitimate interest in the case.
However, the Office of the Director of Public Prosecutions (ODPP) opposed this move, arguing that there were no ongoing criminal proceedings to be stayed since the officers had not yet taken a plea.
The ODPP urged the court to dismiss the applications.
At the same time, the Independent Policing Oversight Authority (IPOA) also opposed the appeal, stating that all implicated officers had been given an opportunity to record statements during the investigation.
They argued that interdiction is not an exceptional circumstance that should delay the case.
Also Read: Senior Police Officers to Face Prosecution Over Baby Pendo Murder
Victim’s Counsel Opposes the Move
Victim counsel Betty Wambua, while representing the victims on behalf of International Justice Mission (IJM), insisted that victims have a right to participate in the proceedings under the Victim Protection Act.
She urged the appellate court to consider their voices, insisting that the applicants had not demonstrated how their rights would be violated, calling their concerns speculative.
Further, she opposed the inclusion of the NPS in the appeal, stating that they had not shown any identifiable interest in the matter.
Utu Wetu Trust, the Law Society of Kenya (LSK), and the Kenya National Commission on Human Rights (KNCHR) also opposed the applications, standing with the victims.
After listening to the submissions, the judges ruled that the issues raised were weighty and required full consideration.
“We have heard the consolidated applications and the arguments that have been made by advocates on record. The issues raised herein are weighty and will require full consideration and determination,” they stated.
They further noted the heavy workload of the Court of Appeal and set March 21, 2025, as the date for their ruling. In the meantime, the plea-taking will remain on hold.
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