The Court of Appeal has halted the scheduled plea-taking for 11 police officers accused of murder, torture, and rape during the 2017 post-election violence in Kisumu. The Plea was scheduled for 3rd March 2025, before Lady Justice Margaret Muigai.
This case, a symbol of the fight for justice for six-month-old Baby Pendo, who was killed during a brutal midnight police operation, has been delayed once again following an appeal by the suspects.
The officers, identified as 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, face 47 counts of crimes against humanity. They are accused of overseeing a violent crackdown that resulted in killings, torture, and sexual violence.
Last month, the High Court ordered the prosecution to arrest the 11th suspect, Mohamed Baa, or remove his name from the case to allow plea-taking on March 3, 2025. However, the remaining officers moved to the Court of Appeal, arguing that the charges could cost them their jobs and livelihoods.
On Wednesday, 26th February 2025, a three-judge bench comprising Justices Patrick Kiage, Weldon Korir, and Joel Ngugi granted a temporary proceedings stay pending their appeal ruling.
Lawyer Willis Otieno, representing Utu Wetu on behalf of the victims, dismissed the appeal as baseless, pointing out that the trial had not commenced since plea-taking had not happened.
“We shall deliver our ruling on March 21, 2025. In the meantime, the plea-taking scheduled for March 3 is hereby stayed. It is so ordered,” Justice Kiage stated.
This decision marks another delay in a case closely followed by victims and human rights groups seeking accountability for the 2017 post-election violence in Kisumu.