Suspects' bail ruling in Baby Pendo murder case pushed to June 10
Justice Margaret Muigai said the postponement will give time for all parties to receive key pre-bail and witness protection assessment reports.
The High Court has adjourned the ruling on the bail application of four police officers charged over the 2017 death of six-month-old Samantha Pendo in Kisumu to June 10.
Justice Margaret Muigai said the postponement will give time for all parties to receive key pre-bail and witness protection assessment reports.
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When the accused persons appeared in court on Wednesday for the ruling, the court was informed that the pre-bail report and witness assessment reports were ready but had not been served to all parties.
"I hereby adjourn the matter to Tuesday, June 10, 2025, to allow time for all parties to be served with the pre-bail reports, and for any responses or applications to be filed as appropriate," Justice Muigai ruled.
Initially, the judge had directed that the Probation Services at Milimani Law Courts prepare a pre-bail report for each accused officer and asked the Witness Protection Agency to submit an assessment of risks to witnesses and victims.
However, two weeks later, it emerged that the reports were not yet ready for submission.
In Wednesday's proceedings, the court heard that the reports had been filed and served to the Office of the Director of Public Prosecutions (ODPP) and the defense, but they had not reached all interested parties including the victims' lawyer Willis Otieno (Utu Wetu) and the Independent Policing Oversight Authority (IPOA).
The Probation Officer confirmed the reports were filed but had not yet been distributed to all relevant parties.
The case will proceed on June 10, 2025, when oral submissions will be heard, and the court will consider whether to grant bail to the accused officers.
The charges relate to events during the post-election unrest in Kisumu County.
Samantha Pendo died in 2017 after suffering a head injury during a police operation responding to protests.
The officers, John Chengo Masha, Lina Kogey, Cyprine Robi Wankio, and James Rono, 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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