Victims in the Baby Samantha Pendo murder case, through their lawyer Willis Otieno, have renewed their push to have the court compel law enforcement agencies to take active steps in apprehending police officer Mohammed Baa.
This was after the court heard that three judges of the High Court had issued arrest warrants in a prior decision regarding him.
The counsel noted the officer is to face trial over the murder case of the six-month-old who died in 2017 after a blunt object hit her as anti-riot police officers pursued protesters in their compound.
In a heated session before Justice Margaret Muigai on Wednesday, Otieno made an oral application urging the court to direct the National Police Service (NPS) or the Inspector General of Police (IG) to either apprehend Baa or supply victims with his image so they can publish a public notice to seek assistance from Kenyans in locating the officer.
“In alternative, we seek IG and DPP to supply victims with photographic image of said Baa to enable victims taking out public notice in media to sort public assistance on his whereabouts and that anybody who may know his whereabouts to share information with nearest police officer/station or with victims' counsels to facilitate his apprehension and arraignment before the court,” the lawyer stated.
Otieno emphasised that Baa’s continued evasion of arrest, despite valid court orders, has shaken the confidence of the victims and the broader community in the justice process, especially as the case edges closer to trial.
The proposal aims to raise public awareness in tracing the officer, underscoring the victims’ proactive stance in ensuring the complete implementation of court directives.
However, the application met resistance from several quarters, most notably from the National Police Service and the ODPP.
Representing NPS, counsel Ouma dismissed the oral plea as lacking procedural merit, insisting that any directive of that nature would raise serious constitutional and administrative concerns.
Ouma told the court that the police had already provided an internal report outlining ongoing efforts to arrest Baa, a report that, he noted, remains uncontested.
“The applicant should file a formal application for NPS to have a chance to respond to the steps taken to apprehend Baa,” Ouma urged.
He maintained that any judicial intervention in directing the arrest process would infringe on the constitutional mandate of the police to conduct law enforcement operations independently.
The ODPP, through Prosecutor Makori, aligned with the NPS, arguing that the request to supply Baa’s photo was beyond the prosecutorial mandate and requested an opportunity to respond if a formal written application were filed.
The victims found support from several human rights organisations and legal institutions.
The Independent Policing Oversight Authority (IPOA) reiterated its support for Otieno’s application, pointing to its earlier submissions filed on June 16, which emphasised the importance of accountability.
The Kenya National Commission on Human Rights (KNCHR), Amnesty International, and the Law Society of Kenya (LSK) also lent their support to the plea.
LSK’s Abner Mango questioned NPS’s legal standing to continue appearing in court, given its lack of corporate personality, sentiments which Lawyer Willis echoed in a rejoinder.
“NPS is not a victim nor an accused in this case, and we will make an application at some point to protest its continued interference. They have no business to keep submitting in this court,” Willis argued.
Ultimately, the judge confirmed that the application had been argued and would be determined alongside the DPP’s transfer request of the case to Kisumu in a consolidated ruling set for September 18, 2025.
Submissions by parties are, however, expected to be heard earlier on July 31.
