The prosecution of twelve police officers accused of the horrific murder of Samantha Pendo, also known as Baby Pendo, took a new turn when the twelve questioned Kenyan courts’ competence to prosecute charges under the International Crimes Act.
According to the 12, only the International Criminal Court (ICC) has the authority to hear and decide on the charges lodged against them.
According to Kenyan history, this is the first time a matter has reached the courts.
The defense counsel contended that the Kenya High Courts lack jurisdiction to hear their clients’ intended charges under the International Crimes Act and that the case should be sent to the International Crimes Court (ICC).
As a result, the court granted the DPP’s request to examine the case until January 30, 2022 and provide guidance on how to continue
Judge Kimondo, on the other hand, ordered the twelve cops to appear before a clinical officer at Mathare Mental Hospital for a mental evaluation before pleading guilty to the murder charges. The mental evaluation is a legal necessity for all individuals facing murder accusations.
In this case, the suspects did not object to the DPP’s request to delay the plea for three weeks, but instead asked the court to enable them to make a formal application on whether the Kenyan court had jurisdiction to hear charges under the International Crimes Act.
However, the victims’ attorneys, LSK and IPOA, contested the DPP’s motion to defer plea taking, arguing that there is no order to halt the proceedings and urging the court to prosecute them.
