Four officers in Baby Pendo case barred from crime scene, granted bail

Four senior police officers allegedly linked to the killing of Baby Pendo and other people during the 2017 post-election violence in Kisumu county at a Milimani court when they were charged with the offense. [Collins Kweyu, Standard]

Lady Justice Margaret Muigai has ordered four police officers charged with the murder of Baby Pendo not to visit the crime scenes while delivering a bail and bond ruling on Monday.

Muigai said the accused persons should not interfere with the victims or witnesses in the case and must deposit their passports in court.

Muigai granted each accused person a bond of one million shillings with two sureties of 500,000 shillings each.

"The accused persons will be reporting to the nearest IPOA offices once every three months, pending the hearing of the case," said Muigai.

The High Court charged the four police officers under the International Crimes Act and the Rome Statute for crimes against humanity, including murder, rape, and torture committed by subordinates under their effective authority and control, due to their failure to exercise proper control over such subordinates.

According to Margaret Muigai, John Chengo Masha and Linah Kosgey were specifically charged for failing to take the necessary measures to prevent the unlawful killing of Baby Samantha Pendo, which occurred on August 12, 2017, at around 1:30 a.m. at Kilo Junction, Kisumu East Sub-County, Kisumu County, by police officers deployed under their effective authority and control.

They were also charged with 11 counts for failing to prevent widespread acts of sexual violence against women.

The court confirmed that the four accused persons were also charged with 38 counts of torture as crimes against humanity, for failing to prevent acts of physical and mental suffering inflicted on civilians by officers under their direct command.

The court has extended the warrant of arrest against police officer Mohammed Baa, which is to be executed by the Inspector General of Police.

The case will be mentioned on July 2, 2025, for further directions.