Baby Pendo Case: Rights groups oppose bail for accused officers, cite senior roles and risk of interference

Counsel Willis Otieno argued that the senior roles held by the accused

by JAMES GICHIGI

News10 June 2025 - 17:05

In Summary

“Subordinates of the senior police officers can interfere with the case especially witnesses as they are still in command of their units,” Lawyer Willis said.
But in a rejoinder, the defense counsel dismissed the argument and emphasised that there is no evidence or affidavit on record showing any attempt by the accused to interfere with witnesses, victims, or evidence as alleged since the beginning of the case in 2022.

A coalition of human rights organisations have objected to the bail application by the accused officers facing charges in the death of Baby Samantha Pendo in 2017.

The organisations, among them Utu Wetu, Amnesty International, the Kenya National Human Rights Commission (KNHCR), and the Law Society of Kenya (LSK) appeared as the victim's counsel in the case.

LSK’s Abner Mango told the court that despite the passage of time, the accused officers still hold positions of authority.

“The first accused, John Macha, is still serving as an Officer Commanding Station at Koptakai Police Station; the third and fourth accused continue to hold senior command positions,” Abner said.

“For the second accused, Lina Kogei, though on terminal leave, retains family ties abroad, raising additional concerns about flight risk.”

Counsel Willis Otieno argued that the senior roles held by the accused, including station commanders and chief inspectors, afford them influence over their subordinates.

This power, he argued, would give them both motive and opportunity to interfere with witnesses and evidence.

“Subordinates of the senior police officers can interfere with the case, especially witnesses, as they are still in command of their units,” Lawyer Willis said.

But in a rejoinder, the defense counsel dismissed the argument and emphasised that there is no evidence or affidavit on record showing any attempt by the accused to interfere with witnesses, victims, or evidence as alleged since the beginning of the case in 2022.

The defence also argued that the submissions made by the victims' counsel were more suited for individuals already found guilty, thereby disregarding the constitutional principle of presumption of innocence until proven otherwise.

“It is important to note that neither the prosecution nor the interested parties have filed any affidavit attributing compelling reasons to deny the accused bail, including any attempted interference with evidence or witnesses, since 2022,” the defence counsel said.

On the issue of flight risk, the lawyer for Kogei clarified that she only has a daughter studying at Bradford University and intends to return home after completing her studies.

He added that Kogei, who is set to retire in July 2025, has consistently cooperated with the court and attended all proceedings.

Notably, the Directorate of Public Prosecution (DPP) did not oppose the bail application.

Justice Margaret Muigai indicated that she would deliver a ruling on the bail application on June 16.