Bail ruling for officers in Baby Pendo case pushed to June 4

Baby Samantha Pendo / FILE

The Milimani High Court in Nairobi on Wednesday adjourned a ruling on the bail application for the police officers accused of multiple counts of crimes against humanity, including the 2017 killing of six-month-old Samantha Pendo.

This is after it emerged that the pre-bail and witness protection assessment reports in the Baby Pendo case are not yet ready.

The court had on May 12 directed the Probation Services at Milimani Law Courts to prepare and submit a pre-bail report for the four accused police officers.

Additionally, the court requested the Witness Protection Agency to provide an assessment report evaluating potential risks to witnesses and victims.

However, both entities indicated they required more time to complete and avail the reports.

Although they had initially requested a two-week extension, Justice Margaret Waringa Muigai set June 4, 2025, as the date for the court to deliver its ruling on the officers' bail application.

“The earlier conditions remain in force for the accused person,” Justice Muigai said.

The reports are expected to guide the court in determining whether the accused poses any risk to witnesses or the public if released on bail.

The officers had previously been barred from accessing specific areas in Kisumu County and from contacting victims or witnesses, as part of their bail conditions.

Baby Pendo died in 2017 after she was hit by a blunt object as anti-riot police officers pursued protesters in their compound. 

The Office of the Director of Public Prosecutions (ODPP) in Kenya dropped charges against eight of the twelve police officers initially implicated in the 2017 killing during the post-election violence.

The ODPP stated that these officers would now serve as prosecution witnesses rather than face trial themselves.

In a statement, the prosecution said Inspector John Chengo Masha and Inspector Linah Kosgey were charged with the murder of Baby Pendo and an alternative charge of failing to refer the matter for investigation and prosecution.

They were charged with rape, and alternative charge of failing to prevent or suppress widespread acts of sexual violence against civilian women, torture and failing to submit these matters to competent authorities for investigation and prosecution.

Robi Wankio was charged with rape, and alternative charge of failing to prevent or suppress widespread acts of sexual violence against civilian women; Torture and failing to submit these matters to competent authorities for investigation and prosecution.

James Rono was charged with Rape, and alternative charge of failing to prevent or suppress widespread acts of sexual violence against civilian women; Torture and failing to submit these matters to competent authorities for investigation and prosecution.

They denied multiple charges, including murder as a crime against humanity.

They also pleaded not guilty to other charges of torture and rape committed against civilians.