12 police officers linked to Baby Pendo murder to take plea in January 2025

The High Court has ruled that the 12 police officers charged in connection with the 2017 murder of Baby Samantha Pendo in Kisumu County's Nyalenda slums will enter their pleas on January 15, 2025.

This comes despite the failure of two of the suspects, Mohammed Baa and Linah Kosgey, to appear before the court for the case's mentioning on Tuesday.

Senior Assistant Director of Public Prosecutions Vincent Monda, during Tuesday’s mention, informed the court that the case is of great human interest and all suspects must be present in court before they take plea.

Baa, Kosgey, Titus Yoma, Titus Mutune, John Chengo, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robe, Josphat Sensira, Mohammed Ali Guyo, and James Rono, are all linked to the tragic death of the infant.

"Baa's whereabouts are unknown despite court extending a warrant of arrest against him while Linah’s lawyer informed court her client was unwell and admitted in hospital," the Office of the Director of Public Prosecutions (ODPP) said in a statement.

"The charges were instituted under the International Crimes Act, 2008 considering the role played by each of the suspects on the basis of the international law principle of superior responsibility."

The ODPP added: "Lady Justice Lilian Mutende also extended a warrant of arrest against Baa and directed Linah to file a medical report in court."

Justice Mutende similarly directed a senior police officer to appear in court on January 15 to explain Baa's continued absence from the hearing.

Baby Pendo passed away at her family home after police raided Nyalendo slums during the 2017 post-election violence.

The infant’s mother, fleeing tear gas, encountered police and tragically, Baby Pendo was killed during the incident.

 An inquest into the incident began in 2019 to hold senior officers and others accountable for her death.

In 2022, the ODPP charged 12 police officers with crimes against humanity under the International Crimes Act, which domesticated the Rome Statute into Kenyan law.

Despite efforts to contest these charges through several consolidated constitutional petitions, High Court Judge Kanyi Kimondo, in July 2024, affirmed the jurisdiction of Kenyan courts to hear the case in accordance with Kenyan laws and procedures, rather than the procedures used by the International Criminal Court (ICC).

Baa has consistently failed to attend court, ignoring summons on the same.