Four officers linked to Baby Pendo murder case released on Sh1 million bond
The four were also ordered to report to the nearest IPOA offices once every three months, pending the hearing and determination of the case.
Four police officers charged with the murder of baby Samantha Pendo in Kisumu during election protests in 2017 have been granted a Sh1 million bond each, with two sureties of Sh500,000.
Milimani High Court Judge Margaret Muigai ordered that the officers, John Chengo Masha, Linah Kosgey, Cyprine Robi Wankio, and James Rono, not to visit the Nyalenda, Nyamasaria and Nyawita area in Kisumu.
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The four were also ordered to report to the nearest IPOA offices once every three months, pending the hearing and determination of the 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.
Justice Muigai also extended the warrant of arrest against police officer Mohammed Baa, which is to be executed by the Inspector General of Police, Douglas Kanja.
The senior police officers were charged 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 over their subordinates.
The officers have since denied the charges.
Masha and Kosgey were specifically charged for failing to take all necessary and reasonable measures to prevent or repress the unlawful killing of Pendo, which occurred on August 12, 2017, at around 1:30 am at Kilo Junction in Nyalenda, Kisumu East sub-county, by the police officers deployed under their effective authority and control. They also face an alternative charge of murder as a crime against humanity for failing to refer the matter for investigation and prosecution.
All four officers were jointly charged with 11 counts of assault, allegedly committed by police officers under their effective control between August 11 and August 12, 2017, in Nyalenda. They were also charged with 11 counts, in the alternative, for failing to prevent or suppress widespread acts of violence against civilian women, despite having reason to know that the officers under their command had committed sexual violence crimes within their effective control.
Additionally, the four accused persons were also 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.
The case will be mentioned on July 2, 2025, for further directions.
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