The Court of Appeal has suspended the plea-taking for 11 police officers accused of committing crimes during the 2017 post-election violence in Kisumu.
The officers, who led the brutal police operation, face 47 counts of crimes against humanity, including the killing of six-month-old Baby Pendo.
The suspects include 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. Prosecutors argue that the officers are liable under the principle of command responsibility.
Last month, the High Court ordered the arrest of Mohamed Baa, the 11th suspect, or his removal from the case to allow plea-taking on March 3, 2025. However, the remaining officers moved to the Court of Appeal, claiming their prosecution could cost them their jobs.
On Wednesday, Appellate Judges Patrick Kiage, Weldon Korir, and Joel Ngugi issued stay orders, pausing the High Court proceedings until their appeal is determined.
The officers’ defense team, led by former Law Society of Kenya president Nelson Havi, argued that the Kisumu inquest recommending charges against them was flawed, as they were never given a chance to defend themselves.
However, the Director of Public Prosecutions (DPP) insisted that the officers could present their arguments during the trial.
Willis Otieno, a lawyer representing Utu Wetu on behalf of the victims, dismissed the appeal, saying the case had not even begun since plea-taking had yet to happen.
Justice Kiage acknowledged the weight of the appeal and stated, “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.”
