Court declines to defer charges against officers in Pendo's case

Justice Daniel Ogembo said that the suspects should proceed and answer to charges. [Denis Kibuchi, Standard] A criminal court has rejected an application by 12 police officers to defer charges against them over the death of baby Pendo in Kisumu in 2017. In his ruling, Justice Daniel Ogembo said that the suspects should proceed and answer to charges even as they challenge the Director of Public Prosecution Noordin Haji in a separate court. "The case has taken five years. The accused person shall take a plea on the 21st. The constitution case can proceed alongside and if determined, can terminate this," he said. The judge heard that the suspects have filed a case before the Constitutional Court, and another in a Judicial Review Court seeking to quash the DPP's orders. Those to be charged are Titus Yoma, Titus Mutune, John Chengo, Linah Kogey, Benjamin Kipkosgey, Benjamin Lorema, Volka Edambo, Cyprine Robe, Josephat Sensira, Mohamed Ali Guyo,Mohamed Baa and James Rono. Their lawyers asked the court to put the case on hold for at least two months to allow the other courts to determine if they should face charges or not. The judge heard that as the charges are on crimes against humanity, the criminal division of the High Court has no powers to try the 12. They argue that only a special tribunal or International Criminal Court (ICC) have powers to determine such cases. Before the Constitutional Court, accusing Haji of discrimination, Inspector Edambo, Chief Inspector Rono and Police Constable Boke Sensera claimed that they have been unfairly singled out as other bosses, who were involved in the operation to quell poll violence, including the Inspector General of Police, have been let off the hook. The officers argued that the IG should have been the first person to face murder and rape charges in relation to the 2017 incident, followed by Kimeu Kingaa (then Kisumu county commander) and Geoffrey Kathurima, the then county criminal investigation officer. It emerged that Titus Yoma, who was then Kisumu's county commander, will also be charged. They said the offences alleged by the DPP stemmed from an operation dubbed 'Post-election Mipango,' which allegedly originated from the then police bosses in Kisumu and the IG. The officers claimed that the Independent Police Oversight Authority (IPOA) and the DPP were on a wild goose chase since at least 30 police officers identified in an inquest have not been brought to book. "If indeed the first, fifth, sixth and seventh respondents are out and keen to charge anyone in this matter and in the absence of discrimination, they must first start with the fourth respondent and then follow with the regional commanders instead of the persons they intend to present to the court as indicated in the information presented to the court on October 27, 2022," papers filed Nairobi. They allege that based on the inquest judgment, the magistrate's court in Kisumu found that the commanders in charge of the operation at Kilo Junction in Nyalenda estate on the night of August 11, 2017, and early morning on August 12, be held liable for Pendo's death. They also claimed that the court found 30 General Service Unit (GSU) officers deployed to Kachok roundabout, under the command of Chief Inspector Kyengo Masha John, to be treated as persons of interest. They also named 16 officers deployed under sector one, Nyalenda Tumaini stretch, as persons of interest. "Other than Titus Yoma, who is charged as accused number one, Kimeu Kingaa and Geoffrey Kathurima, also commanders in the operation were never charged and as such the information presented against the applicants reflects discrimination and bias of the respondents." The victims opposed the application. They were represented by The Kenya National Commission on Human Rights (KNCHR), Utu Wetu Trust, International Justice Mission (IJM), and Independent Medico-Legal Unit (IMLU). They argued that the separate cases filed before other cases do not hinder the judge from proceeding with the plea-taking.

Court declines to defer charges against officers in Pendo's case

Get Full Access for Ksh299/Week.

Stand With Bold Journalism.
Stand With The Standard.

Related Topics

Popular this week

Latest Stories

The Standard Insider

Digger Classified

GET OUR NEWSLETTER

CONNECT WITH US

FOR THE LATEST JOB ADVERTS

DIGGER JOBS

Digger Motors

Digger Real Estate

Court declines to defer charges against officers in Pendo's case

Get Full Access for Ksh299/Week.

Stand With Bold Journalism. Stand With The Standard.

Related Topics

Trending Now

Popular this week

Latest Stories

The Standard Insider

Digger Classified

GET OUR NEWSLETTER

CONNECT WITH US

FOR THE LATEST JOB ADVERTS

Stand With Bold Journalism.
Stand With The Standard.