Trial of 12 police commanders in Kisumu post-election violence delayed again

The trial of 12 police commanders facing accusations of committing crimes against humanity in Kisumu County during the 2017 post-election violence failed to kick off again.

The Office of the Director of Public Prosecutions (ODPP) asked for a postponement to allow the police more time to trace and arrest one of the suspects who is at large.

A warrant of arrest has been issued but the retired cop has not been apprehended.

Deputy DPP Vincent Monda made an application to defer the plea, saying given the serious crimes committed, it would be imperative for all the persons indicted to be tried jointly.

The senior cops, some of them already retired, will face prosecution for the crimes including rapes, murders and torture of victims clobbered and sexually violated by their juniors.

The suspects will be bearing consequences for failing to exercise command responsibility to prevent their juniors from committing atrocities on civilians.

The application was made before Justice Lilian Mutende who noted that the suspects were not opposed to the application to delay their prosecution further.

Law Society of Kenya and International Justice Mission, Amnesty International and Utu Wetu among other police reform working groups – who are representing the victims and their families opposed the application to defer the plea taking.

They argued that the suspect who is still at large can be arrested at a later time and arraigned and the ODPP and defence will have nothing to lose as the charges will be read then.

The lawyers said the charges against the available suspects can be read to indicate that those before the court are charged with others, not before the court and called upon the court to consider the rights of the victims who hope that justice will be met.

The victims are of the view that no cogent reason has been given by the DPP to have the plea deferred hence the DPP is acting in abuse of powers provided by Article 157 (11) of the constitution.

But in a rejoinder, the DPP said the public interests cover the rights of the accused and the victims and the constitution requires that the accused persons be present during their trial and deferring of the plea will not be trampling on the rights of the accused persons and the victims.

Justice Mutende allowed the DPP's application but directed the Inspector General (IG) of police to arrest the missing suspect as ordered earlier. The warrant was issued by Justice Kanyi Kimondo.

"Considering the age of the matter, the victims' interests and interests of justice, the application by the DPP be and is hereby allowed. In the result the plea taking is deferred and IG is directed to execute the warrant of arrest issued as ordered by (Justice Kanyi) Kimondo," ruled Justice Mutende