The High Court has issued a warrant of arrest against a senior police officer suspected to have been involved in the death of Baby Samantha Pendo in 2017.
In a statement on Thursday, October 3, 2024, the Office of the Directorate of Public Prosecutions (ODPP) said the officer, Mohammed Baa, failed to appear in court for the Baby Pendo case forcing the court to issue a warrant of arrest.
“The High Court of Kenya has issued warrants of arrest against Mr Mohammed Baa, a senior police officer. The warrant was issued today after Mr Baa failed to appear in court. He was set to be charged alongside his colleagues with murder in relation to the killing of Baby Samantha Pendo in Kisumu’s Nyalenda Slums in 2017,” ODPP stated.
“The charges against Mr. Baa and 11 other officers namely Titus Yoma, Titus Mutune, John Chengo, Linah Kogey, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robe, Josphat Sensira, Mohammed Ali Guyo and James Rono relate to incidents during the 2017 post-election violence. The charges were instituted under the International Crimes Act, 2008 considering the role played by each of the suspects on the basis of the international law principle of superior responsibility.”
Issuing the warrant of arrest, Lady Justice Lilian Mutende directed the Inspector General of Police Douglas Kanja to execute the warrant and apprehend and bring Baa before the court to take a plea.
According to the ODPP, Baa, the 11th accused person, has severally failed to attend court despite the warrants having been issued against him.
According to Senior Assistant Director of Public Prosecutions Vincent Monda, all the accused persons had to be present before a plea could be taken, as proceeding in Baa’s absence would not be in the interest of justice for Baby Pendo.
“The DPP (Renson Ingonga) has directed that we inform this honourable court that all suspects must be present before the plea can be taken. The DPP intends to make an opening statement outlining the role each of each accused person in the commission of the said offences,” Monda submitted.
Baby Pendo case
ODPP says that this is the first time the state will be prosecuting anyone under the International Crimes Act and based on the principle of superior responsibility.
The court set the fresh plea date for November 5, 2024, when Baa should be produced in court in compliance with the warrants.
“In response to the victims’ counsel insistence that the plea had to proceed without Mr Baa, the court reiterated that the power to prosecute is vested in the DPP, with (the) victims having a nominal though important role,” ODPP added.
The High Court had in July 2024, dismissed the suspects’ applications challenging the jurisdiction of the court to handle charges under the International Crimes Act.
