The High Court has directed that the trial of eleven police officers involved in the tragic death of Baby Pendo will commence on October 3.
This decision comes after the Director of Public Prosecutions (DPP) approved murder charges against these police commanders back in October 2022.
The tragic incident that led to Baby Pendo’s death occurred during the post-election violence in 2017 in Kisumu.
Anti-riot police officers were pursuing protesters when Baby Pendo was allegedly struck by a blunt object, causing her untimely death. The incident became a symbol of the victims of police brutality during the chaos that ensued after the elections.
Following thorough investigations by the Independent Policing Oversight Authority (IPOA), it was determined that the officers had a case to answer. A magistrate confirmed this after an inquest into the incident. The accused officers are:
- Titus Yoma
- Titus Mutune
- John Chengo
- Linah Kogey
- Benjamin Koima
- Benjamin Lorema
- Volker Edambo
- Cyprine Robi
- Josphat Sensira
- Mohammed Ali Guyo
- James Rono
The officers face 47 counts of crimes against humanity, which include charges of murder, torture, and rape. These offenses are linked to the 2017 violence in Kisumu, and the police commanders are held responsible for both their actions and the actions of their subordinates.
Image: DOUGLAS OKIDDY
When the officers were first brought before Justice Kanyi Kimondo at the High Court in Nairobi, their lawyers contested the charges.
They argued that the charges, as framed under the International Crimes Act, were beyond the jurisdiction of a single judge of the High Court.
The defense suggested that a special court or tribunal should be formed to handle the matter or that the suspects should be tried at the International Criminal Court (ICC) in The Hague, Netherlands.
The defense further requested that the plea-taking be postponed until these jurisdictional issues were resolved.
However, Justice Kimondo ruled that the High Court had the appropriate jurisdiction to handle the case and ordered that all suspects be physically present in court on October 3 for plea-taking.
One of the eleven suspects, Mohammed Baa, has remained at large. Consequently, the court issued a warrant for his arrest, mandating that he be produced in court alongside the other suspects on the specified date.
The prosecution, represented by counsel Becky Arunga, has requested that the case be transferred to the High Court in Kisumu. Arunga explained that the case was initially filed in Nairobi due to security concerns, which have since been addressed.
She argued that it would be more practical to hold the trial in Kisumu, the jurisdiction where the alleged crimes occurred. This move would alleviate the logistical challenges of transporting witnesses from Kisumu to Nairobi for the hearings.
Justice Kimondo acknowledged that transferring the case to Kisumu would not be problematic, provided all parties agreed. However, defense lawyers objected to the transfer, prompting the judge to instruct the prosecution to submit a formal application for the change of venue.
This trial is not an isolated incident. According to DPP Ingoga, there are several pending cases involving police officers in various parts of the country, including Laikipia, Meru, and Taita Taveta. These cases also pertain to allegations of human rights abuses and criminal conduct by police officers.
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