Mourners pay their last respects to Baby Samantha Pendo on August 26, 2017 /photo courtesy/
Twelve police officers facing charges related to the 2017 killing of Baby Samantha Pendo in Kisumu County will appear in court on January 15, 2025, to formally enter their pleas. The High Court has set the date despite the absence of two key suspects during the case’s mention on Tuesday.
At the hearing, Senior Assistant Director of Public Prosecutions, Vincent Monda, emphasized the importance of the case, stressing that all accused must be present before entering their pleas. The missing suspects are Mohammed Baa, whose whereabouts remain unknown, and Linah Kosgey, whose lawyer informed the court that she was ill and hospitalized.
The full list of those charged includes Baa, Kosgey, Titus Yoma, Titus Mutune, John Chengo, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robe, Josphat Sensira, Mohammed Ali Guyo, and James Rono. They are all linked to the tragic death of the infant, who was killed during a police raid in the Nyalenda slums amid the 2017 post-election violence.
The Office of the Director of Public Prosecutions (ODPP) has filed charges under Kenya’s International Crimes Act of 2008, citing the principle of superior responsibility in international law. This law holds individuals in positions of authority accountable for the actions of subordinates.
Justice Lilian Mutende, presiding over the case, extended an arrest warrant for Baa and ordered Kosgey to submit a medical report confirming her health condition. The court also directed a senior police officer to explain Baa’s continued absence on the next court date in January.
The murder of Baby Pendo occurred when her mother, fleeing from police dispersing a crowd with tear gas, inadvertently came into contact with officers. The infant died as a result of injuries sustained during the incident.
An inquest into the killing, which began in 2019, seeks to hold senior officers and others accountable for their roles in the infant’s death. In 2022, 12 police officers were charged with crimes against humanity, following an investigation under the International Crimes Act.
In July 2024, High Court Judge Kanyi Kimondo ruled that the case would proceed under Kenyan law, rejecting efforts by the accused to challenge the jurisdiction of Kenyan courts in favor of the International Criminal Court’s procedures.
