The plea-taking for 11 police officers facing serious charges, including crimes against humanity and murder related to the cases of Baby Samantha Pendo and 39 protesters during the 2017 post-election violence in Kisumu County, has been postponed to November 5.
Justice Lilian Mutende announced the deferral, emphasizing the need for all suspects to be present in court when the Director of Public Prosecutions (DPP) presents opening remarks about the atrocities committed in Nyalenda and surrounding areas.
These charges are based on the principle of Command Responsibility under the International Crimes Act of 2008, marking a significant legal development in Kenya.
Justice Mutende stated that the DPP should have time to ensure all twelve suspects are in attendance to facilitate a fair trial process.
The court also issued an order for Inspector General of Police Douglas Kanja to arrest and present Officer Mohammed Mbaa, one of the twelve officers charged in connection with Baby Pendo’s death.
Mbaa has been evading capture for over two years, and the DPP, represented by Vilicent Monda, stressed that proceeding without him would undermine the trial’s integrity.
Monda explained to the court that they had previously contacted the IG regarding Mbaa’s arrest, but received no response.
He requested fresh warrants to compel Mbaa’s appearance in court.
Although the request was unopposed by the eleven officers present, the victims and their families expressed frustration over the lengthy delays in the case.
Victims’ attorney Willis Otieno voiced the disappointment felt by survivors and families of the deceased.
He highlighted the case’s importance in establishing police accountability and ensuring justice for victims of violence.
“This case is pivotal in establishing police accountability and ensuring justice for victims of police violence,” he said, urging the court to proceed with reading the charges against the officers.
The officers expected to face charges include Linah Kogey (Inspector and Post Commander, Nyalenda), Mohamed Guyo (Chief Inspector), Titus Yoma (former Commissioner of Police), and others in senior roles within the police force.
They face approximately 40 charges related to murder, rape, and torture during the violence that erupted in Kisumu between August 11 and 15, 2017, after the controversial presidential election results.
The case traces its origins back to a recommendation from the Independent Policing and Oversight Authority (IPOA) in 2017, following an inquest that found the officers culpable.
The DPP later expanded the investigation to address superior/command responsibility, culminating in the current prosecution.
As the new court date approaches, the pressure mounts on the authorities to ensure justice for Baby Pendo and the victims of the violence. The families remain determined, hoping that this long-awaited trial will finally provide accountability and closure.
