High Court adjourns bail ruling for officers in Baby Pendo case

This is to allow time for all parties to be served with crucial pre-bail and witness protection assessment reports.

by JAMES GICHIGI

News04 June 2025 - 10:48

In Summary

“I hereby adjourn the matter to Tuesday, the 10th of June, 2025, to allow time for all parties to be served with the pre-bail reports, and for any responses or applications to be filed as appropriate," Justice Margaret Waringa Muigai ruled.
The judge had initially directed, on May 12, that the Probation Services at Milimani Law Courts prepare a pre-bail report for each accused officer, and asked the Witness Protection Agency to submit an assessment of risks to witnesses and victims.

The High Court has adjourned the bail ruling for four police officers accused of crimes against humanity, including the 2017 killing of six-month-old Samantha Pendo

The bail application ruling, initially expected on June 4, 2025, will now be delivered on Tuesday, June 10, 2025, to allow time for all parties to be served with crucial pre-bail and witness protection assessment reports.

“I hereby adjourn the matter to Tuesday, June 10, 2025, to allow time for all parties to be served with the pre-bail reports, and for any responses or applications to be filed as appropriate," Justice Margaret Waringa Muigai ruled.

Justice Margaret Waringa Muigai had initially directed, on May 12, that the Probation Services at Milimani Law Courts prepare a pre-bail report for each accused officer and asked the Witness Protection Agency to submit an assessment of risks to witnesses and victims.

However, two weeks later, it emerged that the reports were not yet ready for submission.

But in a court session on June 4, the court heard that while the reports had been filed and served to the Office of the Director of Public Prosecutions (ODPP) and the defense, they had not reached all interested parties including the victims’ lawyer Willis Otieno (Utu Wetu) and the Independent Policing Oversight Authority (IPOA).

Advocate Willis Otieno, representing the victims through Utu Wetu, had initially requested the court to adjourn the matter to June 5, 2025.

However, Justice Margaret Waringa Muigai indicated that she would not be available on that date, stating that she would only be available from the following Monday.

The Probation Officer confirmed the reports were filed but had not yet been distributed to all relevant parties.

The matter will now proceed on June 10, 2025, when oral submissions will be heard, and the court will consider whether to grant bail to the accused officers.

The charges relate to events during the post-election unrest in Kisumu County.

Samantha Pendo died in 2017 after suffering a head injury during a police operation responding to protests.