The High Court has directed Inspector General of Police Douglas Kanja to ensure a police implicated in the murder 39 people in Kisumu in 2017, among them Baby Samantha Pendo, is arrested and brought to court next month.
Justice Lilian Mutende on Thursday said Mr Kanja should ensure the warrant for the arrest of Mohammed Baa is effected and the suspect brought to court on November 5, when he and other 10 police officers will plead to charges of crimes against humanity.
The 11 police officers will be charged with murder, rape and torture under crimes against humanity contrary to various sections of the International Crimes Act and Article 28 (b) of the Rome Statute of the International Criminal Court.
The judge gave the directive when Director of Public Prosecutions (DPP) Renson Ingonga asked the court to postpone the plea taking against the suspects, pending the arrest of Mr Baa.
“The application of the DPP is hereby allowed and the Inspector General of Police directed to ensure the execution of the warrant of arrest,” said the Judge.
Through senior assistant DPP Vincent Monda, Mr Ingonga told the court that Mr Baa was still missing and a warrant of arrest issued against him.
The prosecutor said it is important that all the suspected police officers be present in court during the plea taking as the DPP will be making an opening statement explaining the role played by police officer in the chain of command.
“Consequently, the DPP has instructed me to inform the court that all suspects must be present during the plea taking. We urge the court to issue a fresh warrant of arrest against Mr Baa, who is still at large,” said Mr Monda.
The victims’ lawyers led by Law Society of Kenya and International Justice Mission (IJM), and Independent Medico Legal Unit, among others had opposed the deferment arguing that the wait has been too long.
The officers include Titus Yoma, John Chengo, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robe Wakio, Josephat Sensira, James Rono, Lima Kogey and Mohamed Ali Guyo.
Earlier attempts by the suspects to challenge the charges arguing that they were actuated by malice and abuse of office of the DPP, were dismissed by the high court in July.
“I thus find that the majority of the arguments now made at this stage are not only premature but may well constitute powerful lines of defences at the trial,” Justice Kanyi Kimondo said in a ruling on July 25.
Some of the suspects have appealed against the decision and others have challenged the charges in cases pending in court.
They suspects are alleged to have committed the offences on diverse dates in the month of August 2017 at Nyalenda, Kisumu East Sub-County, after the disputed results of the general election of 2017.
The prosecution said the suspects were the commanders or in effective responsibility for police officers under their control in the region.
An inquest into the death of Baby Samantha Pendo found that police officers were liable for her death.
