The High Court has summoned Inspector General of Police Douglas Kanja to appear before the court on January 15, 2025, to explain why 11 police officers linked to the murder of Baby Pendo, which occurred in Kisumu City in 2017, were not yet arrested.
This is after two suspects Mohammed Baa, a senior police officer, and Linah Kogey failed to attend court on Tuesday, November 5.Â
Baa’s whereabouts are unknown despite the court extending a warrant of arrest against him while Linah’s lawyer informed the court her client was unwell and admitted to the hospital.Â
In her ruling, lady Justice Lilian Mutende extended a warrant of arrest against Baa and directed Linah to file a medical report in Court.
Photo of Baby Pendo who died in 2017.
The Standard
Six-month-old Baby Samantha Pendo passed away during police operations in Kisumu after protests broke out against the disputed 2017 General Election.
In the hearing, Senior Assistant Director of Public Prosecutions, Vincent Monda, informed the court that the case is of great human interest and as such, all suspects must be present in court before they take plea.Â
Previously, in July this year, High Court Judge Kanyi Kimondo had issued a court order for 11 senior ranking officers to take a plea over the death of the baby.
After the officers failed to appear in court on October 3, the court ordered the police IG to arrest and arraign the officers who had been on the run for two years.
The Baby Pendo case was the first case against humanity tried in the national judicial system having been committed after the post-election violence of 2017.
The case was hinged on the Kenyan 2008 International Crimes Act which provides exercise of legal responsibility as well as command responsibility for senior police officers. The suspects are held to account as they were in command of the police and thus assumed responsibility for the forces under their control.
Earlier, Justice Lilian Mutende on Thursday, October 3, had ordered Kanja to effect the arrest of Mohammed Baa alongside ten others and have them presented in court on November 5 which failed materialise.Â
Among the charges levelled against the 11 officers are murder, torture, rape, and violations of human rights which are a breach of the International Crimes Act and Article 28 of the Rome statute of the International Criminal Court (ICC).
The offences were committed in several places in Kisumu on various dates in the month of August 2017 after the release of the disputed presidential elections.
An image of a legal scale and a gavel.
Photo
JSC
