Nine officers alleged to have killed baby Samantha Pendo in Kondele in Kisumu in 2017 were on Monday, November 14, arraigned before Milimani Law Courts.
The officers namely Titus Yoma, Titus Mitune, John Chengo, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Rodi, Josphat Sensira and James Rono appeared before Justice Daniel Ogembo but did not plead to the murder charges.
This is after the judge postponed the plea taking to November 21 after the nine officers' three co-accused persons namely Linah Kogey, Mohamed Ali and Mohammed Baa failed to appear in court.
Justice Ogembo directives that the three officers be present on November 21 for plea taking.
The judge ordered the nine officers who were present in court to be released on a personal bond of Ksh 200,000 each with an undertaking they will appear in court for plea-taking.
The orders were issued after the judge dismissed their officers' application that the plea taking in the matter be differed for two months to allow the determination of a constitutional petition they have filed challenging their prosecution.
"No prejudice will be suffered by the suspects if the plea is taken as they pursue the constitutional matter in other courts. I note this matter has been in court for the last five years. I hereby direct that the suspects appear in court on Monday, November 21 for plea taking," Justice Ogemba ruled.
The court concurred with the Director of Public Prosecutions that there is no order or stay from the High Court or any other superior court barring the suspects from taking the plea.
The DPP through State counsels Tabitha Ouya, Victor Owiti and Becky Arunga told the court that their office is not aware of the applications challenging DPP's mandate to recommend charging.
"In the absence of any orders stopping plea taking we urged the court to order the suspect before you to take the plea," prosecutor Ouya stated.
The victims' lawyer further opposed the application by the officers and urged the court to order the nine officers to plead to the charges.
The police officers had sought deferment of the plea for two months pending the hearing of several applications challenging their prosecution.
The officers claim they have filed several applications seeking anticipatory bail and challenging the DPP's Noordin Haji mandate to okay their prosecution.
