Child Pendo: The Court of Appeal rejects the boss's request to be punished for murder

  • The Court of Appeal rejected the request of senior police officers to suspend their murder charges in Pendo during the post -election riots in 2017
  • The officials said that the conflicting laws between the municipal laws and the Roman treaty could violate their right to the right, but the court dismissed this claim
  • The court ruled that the delay in the case would undermine the criminal justice, noting that no violations or violations were identified
  • Those officers charged with crimes against humanity including murder and torture have not yet answered anything while their legal challenges continue

The Court of Appeal has dismissed a request by the National Police Service to suspend the prosecution against senior police officers accused of killing a child Pendo following the post -election riots in 2017.

Police officers arrive to protest the protests in Kondele on August 9, 2017, Kisumu. Photo: Fredrik Lerneryd.
Source: Getty Images

The request was submitted by Titus Mutune, one of the 11 senior officers charged in connection with the death of baby Pendo.

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Mutune claimed that there was a serious conflict between the municipal law and the Roman treaty, which could violate his constitutional right to the hearing of justice.

He also claimed that this was the first case of the kind in Kenya, and the condemnation of conflicting laws would violate his rights.

Why did the court dismiss Mutune's appeal

In dismissing the appeal, the court stated that the termination of a criminal case in accordance with Mutune's arguments would undermine the criminal justice goals.

Child Pendo: The Court of Appeal denies senior police officers to suspend their charges
The mother of the baby Samantha Pendo on the previous event. Photo: Imelda K.
Source: Facebook

The court also noted that Mutune failed to identify any specific measures that would lead to violence or violation of justice, either to him or other charged officers.

“After convincing themselves that applicants are not faced with the recent abuse, we do not see a good reason to prove the more postponement of their prayers and the start of their case,” Judge Po Kiage, W. Korir, and Joel Ngugi ruled.

Titus Mutune, along with Titus Yoma, John Chenngo, Linah Kogey, Benjamin Kipkoskei, Benjamin Lorema, Volker Edambo, Cyprine Robi, Josphat Sensira, Mohamed Ali Guyo, Mohammed Baa, and James Rono, faced charges in the High Court in Nairobi under the criminal case number E074 of 2022.

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However, they have not yet responded to anything from the names of their anti -prosecution applications.

Why are senior officers charged with the death of baby Pendo

The case is due to post -2017 general elections, especially in Nyalenda's informal residence, Kisumuwhere police were sent to control the chaos.

During the violence, baby Samantha Pendo was killed, and some civilians were victims of murder, disabled, raped and tortured.

An investigation into his death concluded that police, including suspects, were responsible for his death.

The findings were referred to the Director of Public Prosecutions (DPP), who on October 26, 2022, filed a lawsuit against 12 police officers, including suspects, for numerous murder, rape and torture as a crime against humanity.

Earlier the suspects had requested an order from the Supreme Court to prevent their arrest and prosecution, but on November 21, 2022 their request was rejected.

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