The 10 senior officers involved with Baby Samantha Pendo’s killing in 2017 have not pleaded to murder charges for the seventh time.
This is after the Director of Public Prosecutions (DPP) requested more time to track the missing person of interest in Baby Pendo’s case.
Appearing before Lady Justice Margaret Muigai at Milimani Law Courts on Wednesday, January 29, 2025, DPP called for the postponement of the plea taking for 45 more days to enable him to review afresh and apprehend Mohammed Baa who has been at large since the case started.
The DPP, through State lawyer Mark Barasa, said that there were high chances the suspect left the country since the efforts made to arrest him had not yielded any fruits.
“We are requesting more time to track down Mohammed Baa, who may have fled the country,” Barasa told the court.
Additionally, Barasa told the court that the charges facing the police officers were very serious international crimes because they involved extrajudicial killings and violation of human rights among others adding that the case cannot go on in Baa’s absence.
“We are focusing on Article 61 of the Rome Statute, which requires all suspects to be brought before a pretrial chamber,” Barasa told the court.
NPS take
Notably, the legal officer representing the National Police Service (NPS) Peter Kanai told the court that they had not arrested Baa despite their spirited efforts.
According to NPS, after receiving a warrant of arrest against Baa, they forwarded the same to the Regional Police Commander – North Eastern, Peter Lankan, who in turn visited Adaga village in Wajir County to look for him.
In his report to NPS, Lankan stated that the area chief and villagers told them that the suspect never went back home after retiring from the service and that there was also no trace of his relatives in the village.
“We were informed by the local chief and villagers that the officer never went back to the village after retirement and there is no trace of such relative. He went National commission of retired officers Baa never registered as a member,” part of the Lankan report read.
Further, NPS found out that Baa was not a registered member of the National Commission of Retired Officers.
Lankan added that there was a likelihood of the suspect to have crossed the border to a neighbouring country.
Additionally, the National Police Service appealed to the public of goodwill to report to any police station should they trace Baa.
DPP, through their lawyer Barasa, also supported the National Police Service’s application for international assistance in helping to arrest officer Baa.
Victim’s lawyer opposes request
However, the victims’ lawyer Willis Otieno strongly opposed the extension of the days to DPP arguing that the case has been dragged for too long and his client wants justice.
Otieno added that the DPP should have reviewed the matter since October 2024, to enable other suspects to take their plea in the absence of the missing officer.
Justice Muigai is expected to give the way forward regarding DPP’s request on Thursday, January 30, 2025.
Baa and 11 other senior officers namely; Titus Yoma, Titus Mutune, John Chengo, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robe, Josphat Sensira, Mohammed Ali Guyo and James Rono were linked to the case that left Baby Pendo dead.
