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Samantha Pendo who died of head injuries sustained during a police raid at their family home in Nyalenda slums in Kisumu in August 2017.
The four police commanders charged with the murder of Baby Samantha Pendo and 34 others during the 2017 post-election violence have been released on a cash bail of Sh1,000,000 by the High Court sitting in Nairobi.
In a ruling delivered virtually, Justice Margaret Muigai overruled objections by human rights groups who argued that the officers should be denied bond, stating that bond is a constitutional right for any accused person.
In granting the bail application, Justice Muigai said no compelling reason had been advanced by the prosecution to warrant the court’s refusal of the request.
She declined to adopt submissions that the police commanders would influence their juniors not to testify against them during the trial.
Justice Muigai released police commander Linah Kogey, who is charged alongside John Chengo Masha, Cyprine Robi Wankio and James Rono on stringent conditions.
Suspects linked to the Baby Pendo murder case when they appeared before Justice Margaret Muigai for plea-taking on January 29, 2025.
Each of the accused is required to provide two sureties to secure their release. Each surety must provide security worth Sh500,000.
The judge further ordered the accused not to interfere with witnesses or victims, tamper with evidence or visit the crime scenes.
They were also barred from leaving the court’s jurisdiction and must attend all court sessions.
In addition, the accused and their proxies are prohibited from disclosing or sharing any information related to the case, including the contacts of witnesses or victims.
Justice Muigai ordered all the officers to deposit their passports with the court.
They will be required to report to the nearest office of the Independent Policing Oversight Authority (Ipoa) every three months until the case concludes.
The trial judge also extended the arrest warrant for the 11th suspect, Mohammed Baa, which will be executed by the National Police Service or the Inspector General.
Justice Muigai directed that the charge sheet, which contains the names of survivors and other sensitive information, be redacted and removed from the Court Transcription System (CTS).
The court directed all parties to engage in pretrial processes.
The Director of Public Prosecutions (ODPP) was instructed to file and serve an application for the possible transfer of the case, with each party given 14 days to respond.
The case will be mentioned on July 2, 2025.
Lawyers for rights groups Willisa Otieno (Utu Wetu), Edward Mbanya (Amnesty International), and Manases Mwangi (International Justice Mission – IJM) opposed the release of the commanders on bond, arguing that the officers could interfere with witnesses due to their immense influence.
“The accused have a well-structured countrywide network and, once released, they may influence witnesses not to appear in court,” Mr Otieno.
The lawyer added that Linah Kogey is set to retire on July 1, 2025, and to preserve the integrity of the case, the best course of action would be to detain all the accused in prison custody.
Kogey, Masha, Wankio, and Rono are charged with multiple counts including murder, rape, torture and crimes against humanity under the Rome Statute.
“The accused were police commanders when the alleged offences were committed. They had junior officers working under them, some of whom may be listed as witnesses. If released, the accused may use their connections to interfere with the case,” Mr Otieno said.
The charges state that the accused committed the offences contrary to Section 6(1)(b) as read with Section 6(3)(a) and Section 7(1)(f) of the International Crimes Act No. 16 of 2008, Laws of Kenya and Article 28(b) of the Rome Statute of the International Criminal Court (ICC).
Initially, the DPP had preferred charges against 12 police officers. However, one of them, Mohammed Baa, has been missing, causing delays in the case.
Those missing from the dock include Baa, Titus Yoma, Titus Mutune, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robe, Josphat Sensira, Mohammed Ali Guyo and James Rono.
The court was told that Baa, a retired police officer, allegedly disappeared into Somalia after learning he was being sought to answer charges over the killing of innocent citizens, rape and crimes against humanity.
