The High Court has set January 15, 2025, for the 12 police officers accused of involvement in the 2017 death of Baby Samantha Pendo in Kisumu County's Nyalenda slums to enter their pleas.
This decision comes despite the absence of two suspects, Mohammed Baa and Linah Kosgey, during a court mention on Tuesday.
Senior Assistant Director of Public Prosecutions Vincent Monda emphasized the case’s significant public interest, urging that all suspects be present for the plea hearing.
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The accused officers, including Baa, Kosgey, and ten others, are charged in connection with the tragic death of Baby Pendo, who was killed during a police operation amid the 2017 post-election violence.
According to the Office of the Director of Public Prosecutions (ODPP), Baa remains unaccounted for, with a warrant of arrest still in effect. Kosgey’s lawyer informed the court that she is currently hospitalized.
The officers were charged under the International Crimes Act of 2008, which is based on the international law principle of superior responsibility. The court extended Baa's arrest warrant and ordered Kosgey to submit a medical report.
Additionally, Justice Lilian Mutende directed that a senior police officer appear in court on January 15 to explain Baa's failure to attend hearings. Baby Pendo died after her mother, attempting to escape tear gas, encountered police during a raid in Nyalenda.
An inquest into the incident began in 2019, aiming to hold senior officers accountable. In 2022, the ODPP charged the officers with crimes against humanity under the International Crimes Act. In 2024, the High Court ruled that Kenyan courts have the jurisdiction to hear the case, rejecting the argument for the involvement of the International Criminal Court (ICC).
Baa has consistently failed to attend court hearings despite repeated summonses.
