The judiciary has explained why the case involving the murder of baby Samantha Pendo has been delayed for years.
The case began as an inquest before the Chief Magistrate’s Court, and on February 14, 2019, Magistrate B. M. A. Omollo delivered a ruling, finding the subject police officers liable for Baby Pendo’s death. The court then directed the Director of Public Prosecutions (DPP) to act on the findings in accordance with the law.
Given the time the case has taken, the judiciary has now explained what could be the reason even as the public pressure keeps mounting.
“The Judiciary has noted the concerns raised regarding alleged delays in the resolution of the Baby Samantha Pendo Case. We are alive to the sensitivities of this case and are committed to ensuring that this matter is heard fairly and concluded expeditiously. It is, however, important to clarify key facts about the progress of this matter.
“Following this, on October 26, 2022, the DPP filed charges against the suspects in the High Court. The charges included multiple counts of murder, rape, and torture as crimes against humanity under sections 6(3)(a) & (b) and 7(1)(f) of the International Crimes Act, as well as Article 28(b) of the Rome Statute of the International Criminal Court,” a statement released on Saturday, January 18, 2025, read.
Petitions
According to the judiciary, before the suspects could take a plea, they filed a constitutional petition raising novel legal and constitutional questions for determination.
The constitutional questions included the High Court’s jurisdiction to try crimes under the Rome Statute and potential conflicts between the International Crimes Act and the Rome Statute.
Thirdly, the applicable regulations or procedures for such trials, and finally whether the charges met the legal threshold for international crimes.
“Additionally, the accused sought the empanelment of a larger bench to hear and determine the legal and constitutional questions raised in their petition. Given that this is Kenya’s first prosecution under the International Crimes Act and the Rome Statute, the High Court had to address these novel legal issues.
“Hon. Justice Kimondo dismissed the application for empanelment of a larger bench through a ruling delivered on January 18, 2024. Subsequently, on July 25, 2024, he delivered a ruling dismissing the constitutional petition challenging the High Court’s jurisdiction to hear the case. These rulings cleared the path for plea-taking in this matter,” the statement added.
Plea-taking
The statement revealed that before the suspects appeared before Justice L. Mutende for plea-taking, further applications were filed, requiring resolution.
“After determining these applications, the court scheduled plea-taking for January 15, 2025. However, Hon. Justice Mutende was transferred to the High Court in Nyahururu before this date, necessitating a rescheduling of plea taking.
“The matter is now set for plea-taking before Hon. Justice M. Muigai on January 29, 2025.
“The Judiciary remains committed to upholding the rule of law and ensuring that this matter is heard and concluded expeditiously,” it said.
