The trial of 12 police officers charged in connection with the 2017 murder of baby Samantha Pendo in Kisumu’s Nyalenda slums has been postponed once again after one of the key suspects failed to appear in court.
Senior police officer Mohammed Baa, who is considered the main suspect in the case, remains at large despite a warrant for his arrest being issued last year. His absence has stalled the proceedings, prompting the prosecution to request more time to review the charges and address challenges in tracing him.
The other officers facing charges related to the tragic death of baby Pendo during the post-2017 General Election violence are Titus Yoma, Titus Mutune, John Chengo, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robe, Josphat Sensira, Mohammed Ali Guyo, and James Rono.
During the hearing at the Milimani High Court, Lady Justice Margaret Muigai granted the prosecution 30 days to pursue amendments to the charges and directed the Inspector General of Police to provide a detailed report on efforts made to locate and arrest officer Baa.
In a statement, the Office of the Director of Public Prosecutions (ODPP) indicated that the court also advised the prosecution to consider withdrawing charges against Baa if he is not apprehended within the given timeframe.
The suspects are expected to face charges under the International Crimes Act of 2008, based on the principle of superior responsibility in international law. This principle holds individuals accountable for crimes committed by subordinates under their command.
The death of baby Samantha Pendo in August 2017 shocked the nation and became a symbol of police brutality during the chaotic aftermath of the 2017 elections. The six-month-old infant succumbed to head injuries allegedly inflicted by police officers during a raid on her family’s home in Nyalenda.
The case has faced numerous delays since the charges were first brought against the officers, raising concerns about accountability and justice for the victims of post-election violence.
As the prosecution works to move the case forward, the court’s directive to the Inspector General of Police underscores the urgency of apprehending officer Baa to ensure the trial proceeds without further setbacks.
