KISUMU, Kenya, Dec 2 – The Baby Samantha Pendo murder case came up for mention at the Kisumu High Court, where the court directed the prosecution to serve all accused police officers with witness statements and other documentary evidence.
Justice Joe Omido further instructed all parties to file and serve any applications they intend to make before the next mention.
The matter will return to court on January 26 to confirm that all documents have been supplied and that all applications are on record, paving the way for substantive pre-trial directions.
During the mention, defence lawyers raised several issues that the court must address before the case can formally enter the pre-trial stage.
One of the key objections centred on the jurisdiction of the Kisumu High Court.
Several defence lawyers argued that the question of jurisdiction is still pending before the Court of Appeal, and therefore the High Court should pause proceedings until the higher court decides.
The court, however, was informed that unless the Court of Appeal issues explicit orders halting the matter, the High Court is allowed to continue dealing with preliminary issues.
The case arises from the death of six-month-old Baby Samantha Pendo, who succumbed to injuries allegedly inflicted during police operations in Kisumu’s Nyalenda estate at the height of the 2017 post-election violence.
The killing shocked the country and became a symbol of the calls for greater police accountability.
Initially, ten police officers were implicated, but the number of accused officers has since been reduced to four following amendments to the charge sheet.
Some defence lawyers argued that these amendments mean the case must start afresh in Kisumu, while the Office of the Director of Public Prosecutions (ODPP) maintained that the proceedings remain a continuation of the case originally filed in Nairobi.
After listening to submissions from both sides, Justice Omido directed all lawyers representing the victims to file a joint application rather than separate individual filings.
The judge noted that merging the applications would help avoid unnecessary delays and ensure smoother progress toward setting the pre-trial schedule.
During the mention, counsel for the third accused officer informed the court that his client is heavily pregnant and may deliver soon.
He sought permission for her to be excused from physically attending court sessions. Justice Omido granted the request but directed that she must attend future proceedings virtually to ensure she remains fully involved in her defence.
The case had been transferred from Nairobi to Kisumu following an application by the ODPP and the Independent Policing Oversight Authority (IPOA).
In granting the transfer, Justice Margaret Muigai ruled that Kisumu was the appropriate venue since most witnesses are based in the region.
She added that conducting the proceedings in Kisumu would ease attendance, reduce costs, and enable the court to visit the scene of the incident if necessary.
The ODPP has indicated that 80 witnesses are expected to testify and argued that hearing the case closer to the affected community would enhance efficiency and protect public interest.
Justice Muigai agreed, affirming the State’s duty to safeguard victims and witnesses while upholding the rights of the accused.
The accused officers had opposed the transfer, citing concerns over security and media influence.
The court dismissed these objections, noting that the political climate has stabilized since 2017 and that adequate security measures can be provided.
The case, filed in 2022, remains one of Kenya’s most closely watched police accountability proceedings.
