Court orders police officers in Baby Pendo murder case not to visit crime scene
The court further ordered that the accused persons must not contact any witnesses or the victims.
Four Kenyan police officers charged with the murder of six-month-old Samantha Pendo, nearly eight years ago, have been ordered not to set foot at the scenes of the crime pending their bail ruling.
High Court judge Margaret Muigai gave the directions on Monday after a pre-bail report was said not to be ready. The four were to know whether the court would release them on bail or not.
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"I hereby direct that the accused persons shall not step at the crime scene that is Nyalenda, Nyamasaria and Nyawita as part of enhanced conditions before bail ruling," the judge said.
The court further ordered that the accused persons must not contact any witnesses or the victims.
These new directives were issued to allow time for the preparation of a comprehensive bail report, which is to be submitted within two weeks.
Additionally, the Witness Protection Agency may provide an assessment report to the court and the concerned parties within the same two-week period.
The case will be mentioned on May 28.
The officers have been charged in connection with the killing of Baby Pendo after the announcement of the 2017 presidential election results in Kisumu.
They are John Chengo Masha, Lina Kogey, Cyprine Robi Wankio, and James Rono, who have denied the charges and are out on a personal bond each.
According to the charge sheet, John Chengo Masha has denied serious offences, including murder and crimes against humanity under the International Crimes Act. He also faces a separate charge of rape.
Masha is also accused that, being the General Service Unit Inspector of Police and operationally in charge of Platoon One deployed at Kachok roundabout, and being directly in charge of officers deployed in Nyalenda and Kachok roundabout, knowingly failed to take all necessary and reasonable measures within his power to prevent or repress the unlawful killing of Baby Samantha Pendo.
He allegedly committed the offence on August 12, 2017, at about 1:30 am at Kilo junction, Nyalenda in Kisumu County.
Lina Kosgey, the then officer commanding Nyalenda Police Post, was also charged with murder in connection with events that took place on August 12, 2017, in Kisumu. It is further alleged that four officers involved in the operation raped 28 women and extorted money from the victims.
Cyprine Robi Wankio and James Rono also face similar charges.
Eight other officers who had originally also been accused alongside the four have had the charges against them dropped by the public prosecutor, sparking criticism.
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