By Grace Gilo
The High Court has ordered four police officers charged with the murder of Baby Pendo not to visit the crime scenes in Kisumu County.
In a bail and bond ruling delivered on Monday, Lady Justice Margaret Muigai instructed police officers John Chengo Masha, Linah Kosgey, Cyprine Robi Wankio and James Rono to avoid the Nyalenda, Nyamasaria and Nyawita areas in Kisumu.
According to the Office of the Director of Public Prosecutions (ODPP), Justice Muigai granted each accused person a bond of 1 million shillings with two sureties of 500,000 shillings. They must report to the nearest Independent Policing Oversight Authority (IPOA) office once every three months, pending the hearing and determination of their case.
The court further ordered the accused persons not to interfere with the victims or witnesses in the case and to deposit their passports in court.
“The Director of Public Prosecutions (DPP) charged four senior police officers under the International Crimes Act and the Rome Statute for crimes against humanity, including murder, rape, and torture committed by subordinates under their effective authority and control, as a result of their failure to exercise control properly over such subordinates,” stated the ODPP.
The accused persons who were serving as Inspectors of Police at the time were charged before Lady Honourable Justice Margaret Waringa Muigai, where they denied the charges.
John Chengo Masha and Linah Kosgey specifically face charges for failing to take all necessary and reasonable measures to prevent or repress the unlawful killing of Baby Samantha Pendo, which occurred on August 12, 2017, at around 1:30 AM at Kilo Junction, Nyalenda, Kisumu East Sub-County.
“They also face an alternative charge of murder as a crime against humanity for failing to refer the matter for investigation and prosecution,” added the ODPP.
All four officers are jointly charged with 11 counts of rape as a crime against humanity. These charges relate to acts of sexual violence allegedly committed by police officers under their control between August 11 and 12, 2017, in Nyalenda, Kisumu East Sub-County, and Kisumu County.
In addition to these charges, they are also facing 11 alternative counts for failing to prevent or suppress widespread acts of sexual violence against civilian women, despite having reason to know that the officers under their command had committed such crimes.
Furthermore, the four accused individuals are charged with 38 counts of torture as crimes against humanity for allegedly failing to prevent or report acts of physical and mental pain and suffering inflicted on civilians by officers under their direct command.
“They also faced alternative charges of failing to submit these allegations of torture to competent authorities for investigation and prosecution,” ODPP revealed.
The court also extended the warrant of arrest against police officer Mohammed Baa, which is to be executed by the Inspector General of police.
The case will be mentioned on 2nd July 2025 for further directions.