NAIROBI, Kenya, Nov 14 – Ten of the twelve police officers who are being charged with the murder of Baby Samantha Pendo in 2017 did not take plea today.
The officers who appeared before justice Daniel Ogembo fail to take plea after the defence counsel raised objections saying that they had filed a constitutional petition challenging charges brought against their clients.
The court was told that the issues the defence team had raised in the petition touched on the constitutionality and the jurisdiction of the court to hear the matter.
“The matter before you has jurisdiction question and the conditional eligibility of this court to hear the matter, we must interrogate to find an amicable solution on the matter before you,” said one of the defence lawyers.
They further submitted that the case which has been brought under the Rome Statute and the International Crime Act requires a special court to be appointed or a tribunal to hear and determine the case.
Judge Ogembo issued an order that the plea taking is suspended for a period of seven days to allow the defence side to argue their case in the petition they filed at the High Court.
Ogembo directed that each of the suspects to sign a personal bond of Sh200,000.
The suspects Titus Yoma, Titus Mutune, John Masha Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robi, Josphat Sensira and Jame Rono presented themselves to court.
The court issued summons to Linah Koskey, Mohamed Ali and Mohammed Baa who did not turn up, directing them to appear on November 21, 2022, for plea taking.
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