By Tajeu Shadrack Nkapapa
The court has granted the Director of Public Prosecutions (DPP) 30 days to review charges in the baby Pendo murder case amid challenges in tracing one of the suspects.
The Honorable Lady Justice Margaret Muigai, presiding over the Milimani High Court, in her ruling on 30th January 20205 granted the prosecution’s request for additional time to examine the charges, as Mohammed Baa, the main suspect and a police officer, remains on the run.
According to the Office of the Director of Public Prosecutions Mr. Baa’s whereabouts remain unknown despite the court extending a warrant of arrest against him.
“Further, the court directed the Inspector General of Police or a senior police officer to update the court on efforts undertaken to trace Mr. Baa,” the ODPP said on an X post.
“The court also directed prosecution to pursue amendments of charges and to consider the withdrawal of charges against Mr. Baa in the event he is not arrested,” the ODPP added in the statement.
The other officers facing charges in relation to baby Pendo’s death during the violence after the 2017 General Elections are: Titus Yoma, Titus Mutune, John Chengo, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robe, Josphat Sensira, Mohammed Ali Guyo and James Rono.
The ODPP reported that the suspects are expected to face the charges instituted under the International Crimes Act 2008, considering the role played by each of them on the basis of the international law principle of superior responsibility.
The ODPP further noted that the application seeking more time to review charges was made by Prosecuting Counsel Gikui Gichuhi and Mark Barasa.