12 police officers arrested in connection with the death of baby Samantha Pendo in 2017 were Monday arraigned at the Milimani law courts.
Nine of them who appeared before Justice Daniel Ogembo could however not plead to the murder charge.
This after their defense counsel raised objection saying they have filed a constitutional petition challenging the offense brought against the senior officers.
Ogembo further directed each of the officers to sign a personal bond of Ksh 200000, with plea-taking, moved to November 21.
The Director of Public Prosecution (DPP) Noordin Haji last month recommended charges against the senior police officers.
Haji said investigations established that the police officers may have been responsible for the unlawful killing of Baby Pendo among other serious human rights violations including the raiding of homes of innocent unarmed civilians.
“It is evident from the records that several residents of the informal settlements were subjected to untold incidents of pain and suffering as the police officers engaged in excessive use of force and sexual violence of unprecedented magnitudes on the citizens,” he said.
The DPP said the police officers will be charged under the International Crimes Act, No. 16 of 2008. The charges include; Murder, rape, and torture as a crime against humanity.
Baby Pendo died from internal head injuries which were allegedly inflicted by officers who had broken into her parents’ house while in pursuit of residents protesting the outcome of the 2017 Presidential election results.
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