Court defers plea taking for 11 police officers in Baby Pendo's murder case

Police Inspector Lina Kogei, when she took witness stand to testify during the inquest over baby Samantha Pendo's death on June 11,2018. [Denish Ochieng, Standard]

The High Court has ordered Inspector General of Police (IG) Douglas Kanja to arrest and present Mohammed Baa, one of 12 senior police officers charged with murder in the 2017 death of Baby Samantha Pendo during post-election violence in Kisumu.

Justice Lilian Mutende issued the directive after the Office of the Director of Public Prosecutions (ODPP) requested an order to compel the IG to arrest Baa, who has been evading authorities for two years.

Baa, along with 11 other officers, faces charges of crimes against humanity, including murder.

The plea taking for the 11 officers has been deferred to November 5, to allow time for Baa's arrest and presentation in court.

The ODPP argued that proceeding with the trial without all 12 suspects would prejudice the case.

A post-mortem revealed that Baby Pendo died after being struck by a blunt object as anti-riot police pursued protesters in her family's compound.

In October 2022, the ODPP approved murder charges against the 12 officers following an investigation by the Independent Policing Oversight Authority (IPOA).

A magistrate ruled that the officers have a case to answer.

The accused officers, including James Rono, Mohammed Ali Guyo, John Chengo, Titus Yoma, Josphat Sensira, Titus Mutune, Linah Kogey, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robi, and Mohammed Baa, are charged with 47 counts of crimes against humanity, including torture, rape, and murder.

The police bosses are alleged to bear responsibility for the actions and inactions of their subordinates.