Baby Pendo death: Nine cops arraigned, to take plea next week

Twelve police officers including their commanders will on Monday next week take a plea in murder charges in relation to the death of Baby Pendo in 2017.

Baby Pendo was six-months-old when she was killed in the wee hours of August 12, 2017, during post-election skirmishes in Kisumu.

An autopsy showed she succumbed to serious head injuries inflicted by a blunt object.

The Independent Policing Oversight Authority investigated the matter and after an inquest, a Kisumu magistrate on February 14, 2019, ruled that the police commander and some of the juniors who were deployed in the county were culpable for the death.

The court directed the Office of the Director of Public Prosecutions to act against the police officers.

“Having carefully analysed the file, I have arrived at the decision that the evidence on record meets the threshold of evidentiary and a public interest test. I have therefore approved charging of 12 officers implicated in the violations that were meted to civilians in Nyalenda and other parts of Kisumu culminating into the death of Baby Samantha Pendo,” DPP Nordin Haji said on October 25.

On Monday, nine of the officers were arraigned before Justice Daniel Ogembo in Nairobi.

The court directed them to take a plea on November 21 when the other three suspects would be present.

The 12 police officers are Titus Yoma, Titus Mutune, John Chengo, Linah Kogey, Benjamin Koima, Benjamin Lorema, volker Edambo, Cyprine Robi, Josphat Sensira, Mohammed Ali Guyo, Mohammed Baa and James Rono.

Kogey, Guyo and Baa were not present in court. Justice Ogembo directed that they appear on November 21, for plea-taking.

He released the nine officers present on a personal bond of Sh200,000 each on the condition they will present themselves for plea-taking.

Earlier, the officers through their lawyers had challenged their arraignment and asked that plea-taking be adjourned arguing they were not properly before the court.

The lawyers said the officers were due to be charged under the International Crimes Act which required the formation of a special court or tribunal.

They thus challenged the jurisdiction of the court on the matter.

The suspects said they had already filed objections at the Constitutional and Human Rights Division of the High Court to stop their prosecution.

It was their argument that the plea-taking be deferred until the case is heard and determined.

"We, therefore, request that this matter is in abeyance pending determination of the cases including that for anticipatory bail," the defence lawyers said.

Those arguments were however opposed by both the prosecution and the lawyers representing victims who said adjourning plea-taking would amount to denying the victims their rights.

"This court should remember that there are victims some of who are dead and others living with scars. I urge the court to weigh the rights of those victims against those of the suspects being at liberty," lawyer Willis Otieno said.

Otieno is representing the victims on behalf of Utu Wetu.

He said no case would proceed if the court was to agree with the defence lawyers. He said the criminal trials should be allowed to start so the victims can feel a sense of justice.

"Baby Pendo would probably be five years old today. Her soul is crying for justice. Let her rest in peace knowing that she left behind a country that cares for justice by allowing her murder trial to start," he said.

The victim's lawyers argued the court had jurisdiction to hear the case as cases under International Crimes Act fall under the High Court.

He said the suspects were free to raise preliminary objections on the court's jurisdiction after taking a plea.

"So it is this court that has the original jurisdiction to hear matters that come under the International Crimes Act," Ipoa lawyer Festus Kinoti said.

Justice Ogembo ruled that plea would proceed but deferred it for seven days to allow suspects who were not present to appear in court.

Kogey's lawyer had said she was indisposed and had been advised to stay on bed rest.