NAIROBI, Kenya – The Court of Appeal has temporarily halted the scheduled plea-taking for 11 police officers accused of crimes against humanity during the 2017 post-election violence in Kisumu.
The officers, who held command positions during the crackdown, are facing 47 counts of crimes against humanity.
Their prosecution has been closely linked to the death of six-month-old Baby Pendo, who became a symbol of police brutality after she was killed in a midnight raid.
Among the accused 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.
The case has been stalled following an appeal by the officers, who argued that the inquest that led to their prosecution was unfair as they were not given a chance to be heard.
Their legal team, led by former Law Society of Kenya president Nelson Havi, further contended that they risk losing their jobs if the trial proceeds.
A three-judge bench comprising Justices Patrick Kiage, Weldon Korir, and Joel Ngugi granted a temporary stay on the High Court proceedings pending a ruling on the appeal.
“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,” said Justice Kiage.
The High Court had previously ordered the arrest of the eleventh suspect, Mohamed Baa, or his removal from the charge sheet to allow plea-taking to proceed.
However, with the latest court intervention, the entire case remains in limbo.
The Director of Public Prosecutions (DPP) maintains that the officers’ concerns should be addressed during trial rather than in preliminary appeals.
Meanwhile, lawyer Willis Otieno, representing victims through Utu Wetu, dismissed the appeal as lacking merit, noting that the trial had not yet begun.
The case remains one of the most significant prosecutions of police officers for post-election violence, with victims’ families watching closely as the courts determine the next course of action.
