June 16, 2025 – Kisumu, Kenya
The High Court has barred four senior police officers charged with the murder of six-month-old Baby Samantha Pendo from visiting key crime scenes in Kisumu County.
Delivering her ruling on bail and bond terms on Monday, Lady Justice Margaret Waringa Muigai directed that the officers John Chengo Masha, Linah Kosgey, Cyprine Robi Wankio, and James Rono must not enter the Nyalenda, Nyamasaria, or Nyawita areas, where the alleged crimes occurred during the 2017 post-election unrest.
Each of the accused was granted a bond of KSh 1 million, with two sureties of KSh 500,000 each. They were further ordered to surrender their passports to the court and report to the nearest Independent Policing Oversight Authority (IPOA) office once every three months pending the hearing and determination of the case.
Justice Muigai also warned the accused against interfering with victims or witnesses.
The four officers, who were Inspectors of Police at the time of the 2017 incidents, are being prosecuted under the International Crimes Act and the Rome Statute for crimes against humanity, including murder, rape, and torture charges tied to their alleged command responsibility over subordinates who committed the crimes.
Specific Allegations
According to the Director of Public Prosecutions (DPP), officers Masha and Kosgey have been charged specifically for failing to prevent or repress the unlawful killing of Baby Pendo, who died after suffering fatal head injuries during a police raid on her family’s home on August 12, 2017, at around 1:30 AM, at Kilo Junction, Nyalenda in Kisumu East Sub-County.
They also face an alternative charge of murder as a crime against humanity for allegedly failing to ensure the matter was investigated and prosecuted.
All four officers face 11 counts of rape as a crime against humanity, linked to alleged acts of sexual violence committed by police officers under their command between August 11 and 12, 2017 in Kisumu. Alternatively, they are charged with failing to prevent or suppress the widespread acts of sexual violence, despite having reason to know the crimes were being committed.
Additionally, the officers face 38 counts of torture as crimes against humanity for allegedly failing to prevent or report acts of physical and mental suffering inflicted on civilians during the same period.
They also face alternative charges of failing to refer the allegations of torture to the appropriate authorities for investigation and prosecution.
Arrest Warrant Extended
The court also extended an arrest warrant against police officer Mohammed Baa, instructing the Inspector General of Police to execute the order without delay.
The case is set to be mentioned on July 2, 2025, for further directions.
The developments mark a significant moment in the long-delayed pursuit of justice for Baby Pendo, whose death has become a national symbol of the need for police accountability in Kenya.
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