Court has directed the prosecution and the Independent Policing Oversight Authority (IPOA) to respond to 10 GSU officer case in three days.
High Court judge Anthony Ndungu ruled that the question of leave and whether it is to operate as a stay be canvassed when both parties are present.
The ten officers had moved to court through their lawyer Danstan Omari seeking to stop their prosecution.
“I have considered the application dated November 7, 2022 in accordance with order 53(1) (4) Civil procedure Rules and I am of persuasion that the question of leave and whether it is operate as stay be canvassed inter partes, ”he added
She added that the chamber summons be served and response be filed within 3 days of service.
“The applicants to file skeletal submissions within 3 days of se4rvice of response. Respondents to file within 3 days of service of rival submissions, “she ordered.
The matter will be mentioned on November 21, 2022.
The 10 are expected in court to face murder charges over the shooting dead of four people during a protest in Masimba area off Mombasa Highway, Kajiado.
They were arrested by officers from the Independent Policing Oversight Authority (IPOA) on Friday, November 4, 2022.
The Office of the Director of Public Prosecution (ODPP) also recommended the prosecution of the 10 after independently reviewing the IPOA file.
They are accused of shooting and killing four people on June 2 during a protest by a mob over increased attacks by wild animals.
The officers spent their weekend in police custody after their arrest over the incident that happened after the protesters blocked the busy highway for hours.