The court on Thursday allowed an application by the DPP to defer 11 police officers from taking plea in Late Baby Samantha Pendo’s murder case.
The judge allowed them 30 days to amend the charge sheet and also trace Mohammed Baa, the missing police officer believed to have played key role in the murder of Baby Pendo.
The DPP had made an application to have plea taking against the 12 police officers deferred to allow time to apprehend and amend the current charge sheet against the intended accused police officers.
In seeking the adjournment, the DPP prayed for 45 days to the amend the charge sheet, a move which was vehemently objected by the victim’s representatives.
However , the judge declined to issue the 45 days but instead issued 30 days, saying that it had come to her attention the plight and frustration of the deceased’s family, other victims and the fact that they have long waited for their day in Court.
“on the other hand, the ODPP has expressed concern that the substantive legal issues are noble and serious international crimes where accountability in command responsibility ought to be determined through evidence.” The judge ruled
The Judge said that each party’s rights are protected under the law and that nobody should be condemned unheard, and all should be accorded fair hearing.
The Judge said that Justice demands that an adjournment is granted to the ODPP.
“The ODPP is granted 30 days to ensure all reasonable steps are taken to apprehend the 11th accused person. A report to that effect shall be presented by the Inspector general or a senior representative in the National Police service to Court.” said Justice Muigai.
Further, the ODPP has been urged to use the 30 days to pursue amendment of charges in consultation with IPOA any other relevant Institution.
The Court also advised the ODPP to consider withdrawing the charges against the 11th accused person should all efforts to trace and apprehend him fails as the case cannot remain in court forever.
