Judiciary vows swift action on Baby Pendo case after protests over delays

Chief Justice Martha Koome on Saturday gave an assurance that the Judiciary is doing all it can to ensure that the highly publicised Baby Pendo case involving police officers charged with murder does not stall.

The Judiciary's assurance comes a day after Kisumu County Governor and Orange Democratic Movement Party Acting Party Leader Anyang' Nyong'o protested the delay of the case, terming it injustice and threatening to refer the matter to the Hague-based International Criminal Court.

The Judiciary through through its spokesperson Paul Ndemo Maina came out to clarify how the case has transitioned since it was registered in the courts.

"When the suspects appeared before Justice L. Mutende for plea taking, further applications were filed, requiring resolution. After determining these applications, the court scheduled plea taking for January 15, 2025. However, Justice Mutende was transferred to the High Court in Nyahururu before this date, necessitating a reschedule for plea taking," wrote Maina in a statement.

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Nyong’o had called on Koome to urgently intervene in the long-delayed murder case of Baby Samantha Pendo, a six-month-old who was brutally killed during post-election protests in 2017.

In a press statement released on Friday, the Governor decried the lack of progress in the case against 12 police officers accused of the infant’s death, labelling the delays a “blatant violation of human rights.”

“I wish to appeal to the Chief Justice of the Republic of Kenya, Justice Martha Koome, to take up this matter and ensure the case progresses with the speed it deserves,” Governor Nyong’o stated.

“The Judiciary and the DPP (Director of Public Prosecutions) must prioritise the Baby Pendo case by ensuring that the suspects are made to take plea as soon as possible.”

The officers, linked to the brutal killing of Baby Pendo in Kisumu’s Nyalenda estate, were to face charges of murder, rape, and torture.

However, seven years after the incident, the case has yet to gain meaningful traction. The most recent plea-taking session, scheduled for Thursday, was postponed for the third time due to the transfer of the presiding judge.

“The reasons given for the aborted plea-taking are not convincing and appear to be mere scapegoats,” Nyong’o remarked, expressing concern over the continued freedom of the accused officers, who remain employed within the police service.

The killing of Baby Pendo, whose skull was reportedly crushed with batons during a police crackdown, became a global symbol of the violence and human rights violations that marred Kenya’s 2017 election aftermath.

Governor Nyong’o lamented the prolonged wait for justice and suggested that the case may be facing deliberate sabotage.

“The people of Kisumu who suffered police brutality in 2017 are eager to see justice done to the victims,” he said.

“The CJ must find out immediately whether someone or groups of people are sabotaging this case to protect some people.”

He hinted at seeking intervention from the International Criminal Court (ICC) should the delays persist.

“We may be forced to write to the ICC to move in should the local courts continue to delay the cases because justice delayed is justice denied,” he concluded.

In the Judiciary's assurance, they also noted that the matter is now scheduled for plea-taking before Justice Muigai on January 29, 2025.

"The Judiciary remains committed to upholding the rule of law and ensuring that this matter is heard and concluded expeditiously."