Nairobi — Twelve police officers facing murder charges for the murder of Baby Pendo, a 6-month old child, at the height of 2017 election protests in Kisumu have declined to plead.

Nine of the twelve suspects who appeared before Justice Daniel Ogembo at the Milimani Law Courts in Nairobi on Monday could not take plea after their lawyers raised an objection, demanding to be heard by a special court.

The lawyers argued given the fact that the suspects face charges fashioned as crimes against humanity under the International Crimes Act, they had filed a constitutional petition on the jurisdiction of the court.

The defence team argued that the suspects could only be presented before a special court or a tribunal specifically appointed to hear the matter.

The judge subsequently issued an order suspending plea taking for a period of seven days to allow the suspects litigate their petition.

He further directed each of the suspects to execute a personal bond of Sh200,000.

The court issued summonses against three suspects -- Linah Koskey, Mohamed Ali and Mohammed Baa -- who failed to appear on Monday.

Those who appeared in court are: Titus Yoma, Titus Mutune, John Masha, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robi, Josphat Sensira and Jame Rono.