Four senior police officers accused of crimes against humanity during the 2017 post-election violence in Kisumu, including the murder of Baby Pendo, have been released on bail.
Lady Justice Margaret Waringa Muigai granted each of the officers a cash bail of Sh1 million with two sureties of Sh500,000 each.
The four—John Chengo Masha, Linah Kosgey, Cyprine Robi Wankio, and James Rono—who were serving as Inspectors of Police at the time, have all denied the charges.
The officers are facing serious charges under the International Crimes Act and the Rome Statute, including murder, torture, and rape, committed by subordinates under their effective authority and control.
The Office of the Director of Public Prosecutions (ODPP) stated that the accused failed to take necessary and reasonable measures to prevent or punish the crimes committed by their subordinates.
Specifically, Masha and Kosgey were charged for failing to prevent or repress the unlawful killing of Baby Samantha Pendo, which occurred at about 1:30 a.m. on August 12, 2017, at Kilo Junction in Nyalenda, Kisumu East Sub-County.
They also face an alternative charge of murder as a crime against humanity for failing to refer the matter for investigation and prosecution.
All four officers are jointly charged with 11 counts of rape as a crime against humanity.
These charges relate to sexual violence allegedly perpetrated by police officers under their command on August 11 and 12, 2017, in Nyalenda, Kisumu East, and other parts of Kisumu County.
In the alternative, they are charged with failing to prevent or suppress widespread acts of sexual violence against civilian women, despite knowing that officers under their control were responsible.
They are also charged with 38 counts of torture as crimes against humanity.
According to the ODPP, they failed to prevent or report the infliction of severe physical and mental pain and suffering on civilians by officers under their direct command.
Alternative charges accuse them of failing to submit these allegations of torture to competent authorities for investigation and prosecution.
In granting bail, Justice Muigai imposed nine strict conditions.
“The accused must not interfere with witnesses or victims, tamper with evidence, or visit the crime scenes,” she ordered.
The officers have been barred from entering specific areas in Kisumu, Nyalenda, Nyawita, Obunga, Nyamasaria, and Kondele pending the hearing and determination of their trial.
They are also prohibited from leaving the jurisdiction of the court and must attend all court sessions. Additionally:
The accused and their proxies are prohibited from disclosing or sharing any information related to the case, including contact details of witnesses or victims.
They must deposit their passports with the court.
They are required to report to the nearest office of the Independent Policing Oversight Authority (IPOA) once every three months until the case concludes.
The judge issued these directives after concerns were raised by over 60 victims’ advocates, including representatives from the International Justice Mission, Amnesty International, the Law Society of Kenya (LSK), Utu Wetu, and the Kenya Human Rights Commission.
The groups highlighted risks to the safety and security of victims, many of whom are key witnesses in the trial.
They expressed alarm after the ODPP included the victims’ names and areas of residence in the charge sheet filed last week.
The victims argued that this public disclosure placed their lives at risk and called for protective measures.
In response, the court ordered that the charge sheet be redacted to remove survivors’ names and sensitive information before being uploaded to the Case Tracking System (CTS).
The court also directed that all parties engage in pre-trial processes.
Furthermore, the ODPP was instructed to file and serve an application seeking the possible transfer of the case.
All parties have been given 14 days to respond to the application.
The court also extended the arrest warrant for the 11th suspect, Mohammed Bar (also referred to as Mohammed Baa), directing the National Police Service and the Inspector General to ensure its execution.
The matter will be mentioned on July 2, 2025.
