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REPUBLIC V. TITUS YOMA & 11 OTHERS

(2024) JELR 112236 (HC)

High Court  •  CRIMINAL CASE NO. E074 OF 2022  •  25 Jul 2024  •  Kenya

Coram
KANYI KIMONDO, J

Appearances
Ms. Arunga and holding brief for Mr. Monda & Mr. Owiti for the Republic and the 3rd to 7th respondents instructed by the office of the Director of Public prosecutions. Mr. Makundi for the 1st suspect. Mr. Munoko for the 2nd suspect. Ms. Jerono for the 4th & 6th suspects. Ms. Kiget for the 5th suspect. Ms. Nambale holding brief for Mr. Nzaku for the 7th, 9th & 12th suspects. Ms. Achieng holding brief for Mr. Miyale for the 8th suspect. Mr. Kinoti for the 1st respondent. Mr. Osman for the 2nd respondent. Ms. Aoko holding brief for Mr. Otieno for the 2nd interested party. Mr. Mbanya for the 3rd interested party.

Judgement

RULING (NO. 2)

  1. On 18th January 2024, the Court dismissed prayer 2 in the 2nd suspect’s notice of motion dated 20th December 2022. That prayer had sought empanelment of an uneven number of judges by the Chief Justice pursuant to Article 165 (4) of the Constitution.

  2. This ruling now disposes of the remainder of that notice of motion as well as the separate constitutional petition dated 9th November 2022 by the 7th, 9th and 12th suspects. The latter petition was originally filed at the Constitutional and Human Rights Division as Petition Number E499 of 2022 Volker Edambo & 2 others v Independent Policing & Oversight Authority & 6 others but was transferred to the Criminal Division and re-numbered as Miscellaneous Criminal Application No. E033 of 2023.

  3. The key prayers in the notice of motion are three: Firstly, that the charges disclosed in the Information do not meet the threshold of international crimes based on “command responsibility and [are] hence inadmissible”. Secondly, for an order t…

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