Baby Pendo case transferred from Nairobi to Kisumu
By Zipporah Ngwatu, September 22, 2025A Nairobi Court has transferred the criminal case of Baby Samantha Pendo, who was killed during post-election violence, to a Kisumu High Court.
The transfer comes after the Directorate of Public Prosecution (DPP) moved to court seeking the transfer, citing that the witnesses in the case are based in Kisumu.
In the criminal case, four police officers, John Chengo Masha, Lina Kosgey, Cyprine Robi Wankio and James Rono, were charged with different charges, including murder and torture.
The four senior officers were arraigned at the Milimani High Court before Lady Justice Margaret Muigai on May 5, 2025, where they denied the charges, and a plea of not guilty was entered by the court.
DPP’s argument
In the application, the DPP argued that the transfer of the case sittings would facilitate the court’s view of the scenes of the offences in the subject of the criminal case and is therefore necessary for the satisfactory trial of the subject offences.
Notably, the prosecution argued that holding the trial within the jurisdiction of Kisumu County would assist in the general convenience of the witnesses, most of whom are based in and around the same county.
The DPP also noted that holding the trial in respect of the trial in the criminal case within Kisumu County is necessary for the expedient and proper exercise of the court’s judicial authority.
Justice Muigai, on Monday, September 22, 2025, ruled that the grounds raised by the DPP are sufficient for the court to authorise the transfer.
“In this instant case, the DPP have stated mainly on the grounds that there are many witnesses based in Kisumu, and various spots or scenes will be visited during the trial,” Justice Muigai ruled.
“The application by DPP to transfer the case to Kisumu is granted,” Justice Muigai ruled.
Blow to accused persons
The transfer is a blow to the accused persons, who had vehemently opposed the application to take the case to Kisumu, stating their fears for their security.
However, Justice Muigai dismissed their fears, assuring them that they will be accorded enough security; thus, they should not fear.
Notably, she stated that it is the constitutional mandate for the state to ensure that witnesses and victims are protected and that the accused persons get a right and fair trial.
“The State has a duty to protect witnesses and victims, while also safeguarding the rights of the accused under Article 50 of the Constitution,” Justice Muigai ruled.
Additionally, she directed the National Police Service (NPS) to maintain law and order before, during, and after the trial and to provide transport and security for the accused persons whenever they are required to appear in court.
“The National Police Service to maintain law and order and ensure the safety of all parties before, during, and after the trial. NPS to facilitate transport and ensure their safety,” Justice Muigai directed.
The prosecution dropped charges against eight senior police officers in the same case: Titus Yoma, Titus Mutune, Benjamin Koima, Benjamin Lorema, Volker Edambo, Josphat Sensira, Mohammed Ali Guyo and the missing retired police officer Mohammed Baa.
According to the DPP, the eight, including the missing police boss Baa, will serve as state witnesses in a bid to help the victims get justice.