The Director of Public Prosecutions (DPP) Renson Ingonga has applied to the High Court at Milimani to have the baby Pendo’s murder case involving four senior police officers transferred from Nairobi to Kisumu for trial.
This comes after the High Court in June ordered the police officers to be charged with the murder of baby Pendo, and not to visit the crime scenes within Kisumu County.
DPP Ingonga on Wednesday, July 23, told the court that transferring the matter to Kisumu will better serve the ends of justice, while noting that the alleged crimes, including murder, rape, and torture, were said to have been committed in informal settlements of Nyalenda, Nyamasaria, Kondele, and Obunga within Kisumu County.
The DPP further informed the court that there are over 80 witnesses, most of whom reside in Kisumu, and requiring them to travel to Nairobi for proceedings would incur them undue costs and logistical challenges.
The accused persons, John Chengo Masha, Linah Kosgey, Cyprine Robi Wankio, and James Rono, who were inspectors of police at the time the crime was committed, were charged in June but denied the charges.
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Baby Pendo case
John Chengo, Masha and Linah Kosgey were specifically charged for failing to take all necessary and reasonable measures to prevent or repress the unlawful killing of baby Samantha Pendo, which occurred on August 12, 2017, at around 1:30 AM at Kilo Junction, Nyalenda, Kisumu East Sub-County, Kisumu County by the police officers deployed under their effective authority and control.
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 were jointly charged with 11 counts of rape as a crime against humanity, relating to the sexual violence allegedly committed by police officers under their effective control between August 11 and August 12, 2017, in Nyalenda, Kisumu East Sub-County, and Kisumu County.
They were also charged with 11 counts, in the alternative, for failing to prevent or suppress widespread acts of sexual violence against civilian women, despite having reason to know that the officers under their command had committed sexual violence crimes within their effective control.
Additionally, the four accused persons were also charged with 38 counts of torture as crimes against humanity, for allegedly failing to prevent or report acts of physical and mental pain and suffering inflicted on civilians by officers under their direct command.
They also faced alternative charges of failing to submit these allegations of torture to competent authorities for investigation and prosecution.
Court directive
The court also extended the warrant of arrest against police officer Mohammed Baa, which is to be executed by the Inspector General of police.
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Delivering a bail and bond ruling back in June when Justice Muigai ordered the accused not to visit the Nyalenda, Nyamasaria, and Nyawita area in Kisumu, the judge granted each accused person a bond of Ksh1 million with two sureties of Ksh500,000.
The accused were also ordered to report to the nearest Independent Police Oversight Authority (IPOA) offices, once in every three months, pending the hearing and determination of the case.
The court further ordered the accused persons not to interfere with the victims or witnesses in the case and to deposit their passports in court.
According to DPP, the court will deliver its ruling on the transfer application on 18th September 2025.
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