The High Court has barred four police officers from entering certain areas in Kisumu as they await trial over the brutal 2017 death of baby Samantha Pendo.
Justice Margrate Muigai ruled that John Chengo Masha, Linah Kosgey, Cyprine Robi Wankio, and James Rono, who face serious accusations including murder, torture, and rape must stay away from Nyalenda, Nyawita, Obunga, Nyamasaria, and Kondele until a pre-bail report is submitted in two weeks.
The directive came after more than 60 human rights advocates from groups such as Amnesty International, International Justice Mission, the Law Society of Kenya, Utu Wetu, and the Kenya Human Rights Commission raised alarm over the safety of key witnesses, many of whom are survivors.
Court Orders to Police Officers
In response, the judge ordered the Director of Public Prosecutions to remove the victims’ names from the charge sheet and take it down from the court’s digital portal.
The officers were also cautioned not to commit any further crimes and were allowed to keep their Sh200,000 personal bond.
The case is scheduled for mention again on May 28.
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Additionally, the DPP has been given two weeks to revise the charge sheet by eliminating the names of victims who were raped or tortured by the junior officers under the command of the accused.
The court also directed the officers to report to the Director of Probation Benard Mutisya for interviews in preparation for the pre-bail assessment.
Baby Pendo’s Murder Case
Earlier on 26th February, the Court of Appeal had temporarily stopped the plea taking for 11 senior police officers linked to the 2017 killing of six-month-old Baby Samantha Pendo in Kisumu.
On the other hand, the NPS, which had not participated in earlier High Court proceedings, also sought to be joined in the appeal.
According to the police service, they had a legitimate interest in the case.
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However, the Office of the Director of Public Prosecutions (ODPP) opposed this move, arguing that there were no ongoing criminal proceedings to be stayed since the officers had not yet taken a plea.
The ODPP urged the court to dismiss the applications.
At the same time, the Independent Policing Oversight Authority (IPOA) also opposed the appeal, stating that all implicated officers had been given an opportunity to record statements during the investigation.
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