The High Court will tomorrow rule on whether the plea-taking of 10 senior police officers linked to the murder of Baby Samantha Pendo, and 39 protesters in Kisumu will take place.
This is after the Director of Public Prosecutions (DPP), Renson Ingonga sought a further 45-day delay in the prosecution of the officers citing the need for additional time to review the investigations file and locate the missing retired police officer, Mohammed Baa.
Ingonga through State Counsel Mark Barasa urged for an adjournment explaining that the absence of Baa, who has gone missing since 2022 has hindered the progression of the case. Baa, a senior police officer, is allegedly one of the key individuals involved in the events that led to Pendo's death and the subsequent killings of protesters in Kisumu's volatile neighbourhoods including Nyalenda, Nyamasaria, Kondele and Obunga. "We are requesting more time to track down Mohammed Baa, who may have fled the country," said Barasa. "The charges we are pursuing are serious charges of international crimes, including murder, torture, and extrajudicial killings.
These cannot proceed without all accused persons being present." READ: Judiciary refutes delay claims in Baby Pendo's case, cites lengthy process The prosecution had drawn attention to the principle of command responsibility, under which the officers are held accountable for actions carried out by their subordinates. As the case involves atrocity crimes, the DPP emphasized that international standards under the Rome Statute necessitate all suspects be brought to trial. "We are focusing on Article 61 of the Rome Statute, which requires all suspects to be brought before a pretrial chamber," Barasa stated. "The absence of one officer is a serious impediment, but the justice system cannot be allowed to bypass accountability for the sake of delay." Further, the court heard that efforts to locate Baa have included seeking assistance from the National Police Service and even contacting his family in Wajir County. However, it appears that Baa has not returned to his village since his retirement and may have fled to neighbouring countries.
