A Nairobi court on Thursday dismissed an application that sought for a three judge bench to hear the case challenging Baby Pendo’s murder charges against 11 cops.
The officers include Titus Yoma, Titus Mutune, John Chengo, Linah Kogey, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robi, Josphat Sensira, Mohammed Ali Guyo and James Rono.
Justice Kanyi Kimondo while dismissing the application for empaneling a bench ruled that the matter can be determined by a single judge.
In the application, the cops have argued that charges as framed under the International Crimes Act cannot be handled by the court.
Judge Kimondo said the court will determine Whether the act conflicts with other laws including the national police service act.
The court noted that the information charges the suspects with the offense of murder, rape and torture contrary to the international crimes act.
“Some of the key questions will be whether the allegations meet the threshold of international crimes and whether suspects were commanders or in effective responsibility of police officers under their control,” the court said.
Justice Kimondo said the issues are not easy but they do not raise substantial questions of law that cannot be conveniently determined by a single judge of the high court
“This trial raises difficult issues but that difficulty cannot be resolved merely by constituting a bench of the same court,” the court ruled
The court further ruled that it’s true that a panel of judges brings more minds to bear on an issue but the panels decision does not rank any higher than that of a single judge.
“I am disinclined to certify this matter as raising circumstantial questions of law to be heard by an uneven number of judges under article 164 of the constitution,” the court ruled.
The application will be heard on May 23 2024 and in the meantime the criminal matter will not proceed until the application is determined.
The 11 officers were arraigned in court after the DPP approved charges against them in connection to the death of six month old baby pendo who died during the 2017 general election skirmishes.
