NAIROBI, Kenya, Sep 24 – The High Court in Nairobi has granted the request by the Office of the Director of Public Prosecutions (ODPP) to transfer the trial of four interdicted police officers accused of murdering six-month-old Baby Samantha Pendo from Nairobi to Kisumu.
Justice Kanyi Kimondo, sitting in the Criminal Division, on Tuesday ruled that the Kisumu High Court is the most suitable forum for the matter, given the location of witnesses and crime scenes.
He directed the National Police Service Commission (NPSC) to facilitate transport and subsistence for the accused officers—John Chengo Masha, Linah Kogey, Cyprine Robi Wankio, and James Rono—to attend proceedings in Kisumu.
The National Police Service (NPS) was also tasked with ensuring the safety and security of all parties before, during, and after trial.
The Judge further held that fair trial guarantees under Article 50 of the Constitution must be preserved.
Where necessary, he said, the trial court may order in camera (closed-door) or virtual hearings.
Long-running transfer battle
The ruling follows months of legal wrangles after the ODPP first sought the transfer in June 2025, arguing that holding the trial in Kisumu would ease access for more than 80 witnesses, most of whom are based in the lakeside city.
Prosecutors also noted that the trial court would have better opportunity to visit the alleged crime scenes in Nyalenda, Nyamasaria, Kondele and Obunga, where police were accused of unleashing violence on residents during the 2017 post-election protests.
The application was supported by the Independent Policing Oversight Authority (IPOA), Amnesty International, the International Justice Mission (IJM), the Kenya Human Rights Commission, and representatives of the Law Society of Kenya (Nairobi and Kisumu branches).
Baby Pendo Case Timeline
- August 12–15, 2017 – Post-election protests erupt in Kisumu. Six-month-old Samantha Pendo suffers fatal head injuries during a police raid on her parents’ home in Nyalenda estate.
- August 15, 2017 – Baby Pendo dies at Aga Khan Hospital, Kisumu, sparking public outrage.
- 2019 – IPOA concludes investigations and recommends prosecution of senior and junior officers linked to the crackdown.
- 2022 – Eleven police officers, including commanders, are charged in connection with the killing. One accused, Mohammed Baa, fails to appear in court. A warrant of arrest is issued.
- June 2025 – ODPP applies to have the trial moved from Nairobi to Kisumu, citing convenience of witnesses and proximity to crime scenes.
- July–August 2025 – Accused officers file affidavits opposing the transfer, citing safety concerns and financial burdens. Victims’ lawyers, IPOA, and rights groups support the move.
- September 22, 2025 – Justice Kimondo grants the DPP’s request to move the case to Kisumu, directs NPSC to cover officers’ travel costs, and reaffirms the warrant of arrest against Mohammed Baa.
Victims’ lawyers also backed the move, saying it would allow affected families to follow proceedings more closely.
The accused officers opposed the transfer. In affidavits filed between July and August 2025, they argued that relocating the trial to Kisumu would expose them to public hostility, contradict bail terms that barred them from accessing the region, and impose heavy financial and logistical burdens.
They cited comparable cases such as Republic v. Obado and Republic v. Leliman where trials were conducted in Nairobi despite the offences arising elsewhere.
“The safety of the accused persons, their counsel and possibly judicial officers cannot be guaranteed in Kisumu,” lawyers for the officers submitted, warning that the move could compromise their constitutional right to a fair trial.
Status of 11th accused
The Court also addressed the status of the 11th accused, Mohammed Baa, who has never appeared since the case began in 2022.
Justice Kimondo reaffirmed that his warrant of arrest remains in force and directed the Inspector-General of Police to file periodic reports on efforts to trace him. Any information on his whereabouts, the Court ordered, should be relayed to law enforcement.
But the Court dismissed an application to publish Baa’s photograph in the media, ruling that such disclosure must comply with the Data Protection Act.
Baby Pendo died in August 2017 after sustaining head injuries during a police raid on her parents’ home in Kisumu’s Nyalenda estate, sparking national outrage. The case has since become a symbol of police brutality in Kenya.
The matter will now be mentioned before the Presiding Judge of the Criminal Division at the Kisumu High Court for further directions.
