The High Court has issued an arrest warrant for a senior police officer, Mohammed Baa, linked to the 2017 killing of Baby Samantha Pendo in Kisumu County’s Nyalenda slums. The warrant was issued after Baa failed to appear in court on Wednesday, where he was scheduled to face charges for offenses committed following the 2017 General Election, along with 11 other officers.
The accused officers include Titus Yoma, Titus Mutune, John Chengo, Linah Kogey, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robe, Josphat Sensira, Mohammed Ali Guyo, and James Rono. The charges have been brought under the International Crimes Act, 2008, based on the principle of superior responsibility in international law, according to a statement by the Office of the Director of Public Prosecutions (ODPP).
Lady Justice Lilian Mutende directed the Inspector General of Police, Douglas Kanja, to ensure Baa's arrest and appearance in court to take a plea. During Thursday's case mention, prosecutor Vincent Monda informed the court that Baa had repeatedly failed to show up despite existing warrants. Monda, acting on instructions from Director of Public Prosecutions (DPP) Renson Igonga, emphasized that all accused must be present for the plea to proceed, as continuing without Baa would not serve justice.
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The DPP also highlighted the significance of the case, noting that it marks the first time the State is prosecuting individuals under the International Crimes Act, making proper handling crucial. Justice Mutende set a new plea date for November 25, by which time Baa must be presented in court.
In response to victims' counsel pushing for the plea to proceed without Baa, the court reiterated that the DPP holds the power to prosecute, with victims playing a nominal but important role. The court previously dismissed the suspects' challenge to its jurisdiction in July 2024.
