A Nakuru court on Wednesday deferred taking of pleas of 10 traffic police officers recently nabbed by anti-graft agency for allegedly soliciting for bribes from motorists.
The officers succeeded in their second attempt to block the beginning of their trial after a High Court judge earlier declined their bid to have their pleas suspended but instead directed their lawyer to prepare for an inter-party hearing.
Resident magistrate Loice Komingoi postponed plea taking by the officers after their lawyer notified the court that there were proceedings related to the case that were ongoing at the High Court.
Lawyer David Mongeri told the court that his clients had made an application in the high court which was yet to be concluded.
He said the application seeks orders to bar the Ethics and Anti-Corruption Commission (EACC) and Director of Public Prosecutions (DPP) from charging them with abuse of office.
“l am requesting the court to defer the pleas until an application challenging the validity of the charges is concluded,” Mr Mongeri told the court.
Mr Mongeri further informed the court that an independent probe by the Nakuru police boss and an independent Authority to ascertain if indeed the offences they should be charged with took place is still pending.
The lawyer also told the court that the application pending in the High Court was raising constitutional questions touching the accused persons and sought to have the pleas deferred arguing that the high court proceedings might end up nullifying the entire process.
On Monday, High Court judgeJanet Mulwa directed their lawyers to serve the EACC and DPP with the application for an inter-party hearing.
The traffic police officers who were arrested on October 30 in a sting operation over allegations of soliciting bribes along the Nairobi-Nakuru highway were meant to answer to their charges today.
In the application filed at the High Court, the officers claimed that their arrest has become a subject of media conversation and their trial might not be fair. They further said that they are at substantial risk of serious prejudice as a result of the coverage by the media.
“They fear the trial in an atmosphere of a media circus, according to them, that is calculated to lynching them in public,” said Mongeri.
They also claimed they are being sought by EACC officers over allegations of crimes they never committed and have not been informed of what they should appear in court to answer to.
The traffic officers noted that there are high chances they may be apprehended at any time and be locked up in police custody.
The court extended bond terms of the accused officers until November 27 when they are expected to take their pleas.