Four police officers charged with crimes against humanity in connection with the death of six-month-old Baby Samantha Pendo have been granted bail by the High Court.
The officers John Chengo Masha, Linah Kosgey, Cyprine Robi Wankio, and James Rono were each granted cash bail of Ksh.1 million and two sureties of Ksh.500,000. The court ordered them to report to the nearest Independent Policing Oversight Authority (IPOA) offices once every three months pending the hearing and determination of the case.
Lady Justice Margaret Muigai also directed the accused not to interfere with witnesses or victims and to deposit their passports with the court.
Additionally, the officers were barred from visiting the Kisumu neighbourhoods of Nyalenda, Nyamasaria, and Nyawita areas identified as crime scenes in the case.
The case stems from the tragic events of August 2017, when Baby Pendo was fatally injured during a police operation to quell post-election protests in Kisumu. The baby’s death shocked the nation and sparked widespread outrage over police brutality.
The four officers, who were Inspectors of Police at the time, have denied charges filed under the International Crimes Act and the Rome Statute. The charges include murder, rape, and torture alleged to have been committed by subordinates under their effective command and control.
Prosecutors argue that the officers failed to prevent or punish the crimes, amounting to dereliction of duty and command responsibility.
Meanwhile, the court extended the warrant of arrest for police officer Mohammed Baa, who is still at large. The Inspector General of Police has been instructed to execute the arrest.
The case is scheduled for mention on July 2 for further directions as proceedings under Kenya’s international criminal law framework continue.