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Baby Pendo: DPP Ingonga gets 30 days to trace, arrest ex-police
Samantha Pendo who died of head injuries sustained during a police raid at their family home in Nyalenda slums in Kisumu in August 2017.
What you need to know:
- High Court judge Margaret Muigai on Thursday said should the police fail to arrest Mr Mohammed Amin Baa, Mr Ingonga could amend the charge sheet and proceed with the prosecution of 11 other police officers implicated in the murder of Kisumu residents in 2017.
- “I find that the DPP needs time to trace and arrest the suspect required to face justice for committing atrocities against humanity,” Justice Muigai stated.
Director of Public Prosecutions (DPP) Renson Ingonga has been given 30 days to arrest a retired police officer wanted for the murder of Baby Samantha Pendo and 39 other people in 2017.
High Court judge Margaret Muigai on Thursday said should the police fail to arrest Mr Mohammed Amin Baa, Mr Ingonga could amend the charge sheet and proceed with the prosecution of 11 other police officers implicated in the murder of Kisumu residents in 2017.
“I find that the DPP needs time to trace and arrest the suspect required to face justice for committing atrocities against humanity,” Justice Muigai stated.
The police officers are to be charged with murder, rape, and torture under crimes against humanity contrary to various sections of the International Crimes Act and Article 28 (b) of the Rome Statute of the International Criminal Court.
The officers include the then Kisumu county police commander Titus Yoma, Nyanza regional commander for the General Service Unit (GSU) Christopher Mutune, and John Masha who was the Kisumu Central Administration police service (AP) commander.
Others are Linah Kogey who was in charge of the Nyalenda police post, inspector of police Benjamin Koima, a retired senior superintendent of AP, and Benjamin Lorema who was the alternate in charge of a GSU platoon deployed at the Kachok Roundabout.
Also to face charges are James Rono, Mohammed Guyo, Cyprine Wankio, Volker Edambo, and Josephat Sensira.
The prosecution had indicated that Baa retired from the police force and disappeared without a trace and could probably be hiding in Somalia.
The DPP had requested to be granted 45 days to seek assistance in the arrest of Mr Baa from international organisations.
The judge said within the period, the DPP should liaise with the Independent Policing Oversight Authority (IPOA) or any other relevant agencies, with a view to amending the charge sheet.
Justice Muigai further asked to consider withdrawing the charges against Baa if all the efforts to trace him are futile as the matter cannot remain in court indefinitely.
The court at the same time ordered the DPP to supply the photo of Mr Baa to the Utu Wetu rights lobby to assist in identifying him and effecting public arrest.
The request was made by the organisation through lawyer Willis Otieno.
State Prosecutors Mark Barasa and Gikui Gichuhi had informed the court that efforts to trace Mr Baa at his home in Madaga Village Korwa Sub-location in Wajir County have been futile.
He said Wajir County Regional Police Commander Pepita Ranka visited the home of Baa and his relatives allegedly said he never went home after retirement.
Earlier attempts by the suspects to challenge the charges arguing that they were actuated by malice and abuse of office of the DPP, were dismissed by the high court in July last year.
“I thus find that the majority of the arguments now made at this stage are not only premature but may well constitute powerful lines of defence at the trial,” Justice Kanyi Kimondo said in a ruling on July 25.
Some of the suspects have appealed against the decision and others have challenged the charges in cases pending in court.
The suspects are alleged to have committed the offences in the month of August 2017 at Nyalenda, Kisumu East Sub-County, after the disputed results of the general election of 2017.
