High Court issues arrest warrant for senior police officer in Baby Pendo murder case

The High Court has issued an arrest warrant for a senior police officer implicated in the 2017 killing of Baby Samantha Pendo in Kisumu County's Nyalenda slums.

The court issued the order after Mohammed Baa failed to appear in court on Wednesday where he was set to be charged for various offences allegedly committed in the wake of the 2017 General Election, alongside 11 of his colleagues.

The other officers include; Titus Yoma, Titus Mutune, John Chengo, Linah Kogey, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robe, Josphat Sensira, Mohammed Ali Guyo and James Rono.

"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 Office of the Director of Public Prosecutions (ODPP) said in a statement on X on Thursday.

"Lady Justice Lilian Mutende directed the Inspector General of Police, Mr. Douglas Kanja, to execute the warrants, and apprehend and bring Mr. Baa before court to take plea."

During the case's mentioning on Thursday, the prosecution, led by Vincent Monda, informed the court that Baa had failed to appear on several occasions despite warrants being issued against him.

Furthermore, Monda cited instructions from DPP Renson Igonga stating that all the accused persons must be present before a plea can be taken, as proceeding in his absence would not be in the interest of justice.

“The DPP has directed that we inform this honourable court that all suspects must be present before the plea can be taken. The DPP intends to make an opening statement outlining the role each of each accused person in the commission of the said offences,” he submitted.

"The DPP emphasized the significance of the case noting that it is the first time the State would be prosecuting anyone under the International Crimes Act and on the basis of the principle of superior responsibility, thus the need to ensure that the process is handled correctly from the start."

Lady Justice Mutende subsequently set a new plea date for November 25, by which time Baa should be produced in court in compliance with the warrants.

"In response to the victims’ counsel insistence that the plea had to proceed without Mr. Baa, the court reiterated that the power to prosecute is vested in the DPP, with (the) victims having a nominal though important role," said the ODPP.

In July 2024, the High Court dismissed the suspects' applications questioning its jurisdiction to hear charges under the International Crimes Act.