Court summons police IG Kanja to explain why Baby Pendo murder suspect roams free
Inspector-General of the National Police Service Douglas Kanja. Inset is the late Baby Pendo.
The High Court has ordered Inspector-General of Police David Kanja or an authorised officer to appear in court to explain why a senior police officer linked to the murder of Baby Samantha Pendo and 38 others in Kisumu in 2017 is yet to be arrested.
Justice Lilian Mutende on Tuesday said Mr Kanja should appear in court on January 15, 2025, and explain why Mr Mohammed Baa, who was the Kondele station commander in 2017, has not been arrested.
Mr Baa has been missing for more than two years, forcing the plea against 11 other senior police officers to be deferred as the Director of Public prosecutions Renson Ingonga insisted that all the accused persons should be present for the plea-taking.
“The plea-taking is deferred to January 15, when the Inspector-General of police or a duly authorised officer, should appear in court and explain why the 11th suspects has not been arrested,” said the judge.
The 12 police officers will 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, and inspectors of police Benjamin Koima, a retired senior superintended of AP and Benjamin Lorema who was the alternate in charge of a GSU platoon deployed at the Kachok Roundabout.
Others are James Rono, Mohammed Guyo, Cyprine Wankio, Volker Edambo and Josephat Sensira.
The application for adjournment was opposed by the victims' lawyer Willis Ochieng, who said the government has sufficient machinery to track and arrest the missing officer.
Mr Ochieng alleged the suspect has been spotted on several occasions in Nairobi and Wajir, but that the police had not demonstrated any efforts to arrest him.
He argued that the other suspects should proceed and plead to the charges.
“There is no prejudice to the suspects themselves taking plea today. Criminal liability is individual,” he submitted.
Mr Ingonga, through Vincent Monda, asked the court to adjourn the matter awaiting the arrest of Mr Baa, saying the prosecution was acting in public interest.
