The Director of Public Prosecutions has made an application to have the plea taking against 11 senior police officers accused of the 2017 murder of Baby Samantha Pendo deferred to a later date.
The DPP informed court that one of the accused persons, Mohammed Baa has not been arrested, and his office intend to amend the charge sheet.
The DPP fears that Mohammed Baa might have fled the Jurisdiction of Kenya to Somalia which does not have an extradition treaty given the fact that it is not a signatory of the Rome Statute.
The DPP said that his office is determined to bring into account those responsible for the heinous and high atrocity crimes committed in the aftermath of the 2017 general elections allegedly by police officers.
The DPP in quoting the International Crimes Act and the Rome Statute said that the Law requires that the suspects be present in court and given that one of the suspects was not present in court, he cannot be tried in absentia and prayed for 45 days to be able to amend the charge sheet before plea is taken.
The DPP informed court that based on bilateral engagement with Somalia, his office is hopeful that any request for international assistance shall be welcomed by Somalia.
In the case, 12 senior police officers from Kisumu region have been lined up to answer for the crimes against humanity allegedly committed in Kisumu and other parts of the Country during and after the 2017 general elections.
The 12 officers are; Titus Yoma, Titus Mutune, John Chengo, Linah Kogey, Benjamin Kipkoskei, Benjamin Lorema, Volker Edambo, Cyprine Robi, Josphat Sensira, Mohamed Ali Guyo, Mohammed Baa and James Rono.
They are all set to take plea for the crimes against humanity charges contrary to the International Crimes Act and the Rome Statute.
The High Court of Kenya in Nairobi is expected to rule on the application to defer plea tomorrow at 3PM.
