Baby Pendo case: Court gives third accused until July 23 to file submissions

The third accused officer in the Baby Pendo case is yet to declare his position on the transfer of the trial from the Milimani Court in Nairobi to Kisumu.

The High Court has directed him to file submissions ahead of the next mention on July 23, 2025.

On Thursday, the court heard that all parties in the murder case of Baby Samantha Pendo had agreed to the proposed transfer to Kisumu, except for the third accused, who is yet to make submissions.

When the matter came before Justice Margaret Muigai, the court was informed that the third accused had not filed an oral submission or application to explain his earlier objection to the transfer.

“I can set a mention date for the third accused to indicate the way forward, whether to serve or make oral submissions, so we can confirm if responses have been filed and whether further submissions will follow,” Justice Muigai said.

The court ordered that responses be filed and served in the meantime.

The Director of Public Prosecutions (DPP) is seeking to have the trial moved to Kisumu for the convenience of witnesses, most of whom are based there.

Prosecution Counsel Victor Owiti, in an application dated June 30, 2025, urged the court to either transfer the case or consider holding sessions in Kisumu.

Four police officers, John Chengo, Linah Kogey, Cyprine Robi, and James Rono, are charged with the murder of Baby Pendo, a six-month-old girl who suffered fatal injuries during police operations in Kisumu in August 2017.

They also face multiple counts of crimes against humanity, including murder, torture, and rape, under the International Crimes Act.

The officers have denied the charges and are out on a cash bail of Sh1 million each.

Eight other officers initially charged alongside them were cleared by the DPP for lack of evidence.

Justice Muigai had earlier barred the accused from entering certain estates in Kisumu—Nyalenda, Obunga, Nyawita, and Nyamasaria, where many victims reside.

The restrictions followed an application by victims’ lawyer Willis Otieno, who sought protection for the victims against possible contact or intimidation.

The judge warned the accused against directly or indirectly contacting victims or disclosing information related to the case.

“Any such conduct will be treated as contempt of court,” she ruled on May 12.

The matter will be mentioned on July 23, 2025, for further directions.