Director of Public Prosecutions (DPP) Renson Ingongo has been given a strict 30-day deadline to review the charges against twelve senior police officers involved in the tragic deaths of Baby Samantha Pendo and 39 others during the violent post-election clashes in Kisumu County.
The High Court, presided over by Justice Margaret Muigai, directed Ingongo to expedite the investigation and present in court retired Assistant Superintendent of Police, Mohammed Baa, who is accused of involvement in the deaths. Baa, however, has gone missing, and efforts to track him down have been unsuccessful.
The court, while acknowledging the delay caused by his absence, ruled that the case could proceed in his absence if necessary, underscoring the urgency of bringing the other officers to trial.
“This case has lingered for far too long,” Justice Muigai said, expressing frustration over the seven-year delay in initiating the prosecution.
“No more delays will be tolerated. If Baa is not found within the next 30 days, the other eleven officers will face prosecution, and we will proceed with the case without him.”
The case, which has become emblematic of the struggle for justice for victims of extrajudicial killings and police brutality, has faced numerous setbacks.
Previous rulings by the court have also urged the DPP to commence prosecution, but the case has stalled due to a lack of cooperation and the disappearance of key suspects.
One of the main issues at the heart of the case is the application of “command responsibility” — a principle that holds officers accountable for the actions of their subordinates.
The charges against the officers include serious crimes under international law, such as murder, torture, and extrajudicial killings.
Given the nature of the crimes, the DPP emphasized the importance of adhering to international standards set by the Rome Statute, which mandates that all suspects be brought to trial.
“The charges are of an international nature and cannot proceed without all the accused present,” said State Prosecutor Mark Barasa, referencing the Rome Statute’s requirement to ensure all suspects are tried together.
Adding to the complexity of the case is the revelation that Baa may have crossed into Somalia, where he has reportedly been hiding since his retirement in 2021.
The DPP has now sought assistance from international security organizations to track him down and bring him back to face justice.
However, as Somalia is not a signatory to international agreements regarding criminal prosecution, this has complicated the process.
“We are doing everything possible to locate him,” Barasa said.
“This involves liaising with international law enforcement agencies to ensure that Amin is brought back and prosecuted alongside the other officers.”
The case has garnered significant attention, especially from advocacy groups like Utu Wetu, who represent the families of the victims.
Their legal representative, Willis Otieno, requested the court to release photos of Baa to aid in efforts to apprehend him through civilian means.
The lobby group is determined to seek justice, even outside of the court’s formal channels.
