The Milimani High Court has granted four police officers in Baby Pendo's case a cash bail of Sh1 million with two sureties worth Sh500,000 each.
While issuing the bail ruling, Justice Margaret Muigai, the presiding judge said, “Bail is a constitutional right, but it is not unconditional. The court must ensure the integrity of the trial is preserved.”
The court outlined a series of tough conditions where the accused are prohibited from interfering with witnesses or victims, tampering with evidence, or visiting the scenes of the alleged crimes.
They are barred from visiting the crime scenes in Nyalenda, Nyawita, Obunga, Nyamasaria, and Kondele pending trial.
“They must not in any way, either personally or through proxies, contact witnesses or victims, nor disclose or disseminate any information relating to the case,” the judge ruled.
Any such conduct will be treated as contempt of court. Additionally, the four were ordered to surrender their passports to the court.
They are to attend all court sessions and report to their nearest IPOA office every three months until the case concludes.
In a significant development, the court extended the arrest warrant for the 11th suspect, Mohammed Baa.
"The warrant remains in force and is to be executed by the National Police Service or the Inspector General without delay,” the judge said.
To protect those involved, the court ordered that the charge sheet be redacted to remove names of survivors and sensitive details so as to ensure the safety, dignity, and privacy of witnesses and survivors.
The Office of the Director of Public Prosecutions was also directed to file and serve an application regarding a possible transfer of the case to another jurisdiction. Each party has 14 days to respond.
The case is set for mention on July 2, 2025.
The accused are facing crimes against humanity in the 2017 killing of six-month-old baby Samantha Pendo during post-election violence in Kisumu.
Baby Pendo died in August 2017 after sustaining head injuries during a police operation to quell post-election protests in Kisumu.
The tragedy sparked national outcry and calls for justice, especially concerning police brutality during elections.
They had previously been out on a personal bond a written agreement to appear in court since the charges were brought against them in 2022.
