Victims in Baby Pendo case ask court to direct police to apprehend accused fugitive officer
Lawyer Otieno stressed that officer Baa’s continued evasion of arrest—despite valid court orders—has undermined the victims' trust in the justice system and shaken public confidence, especially with the trial approaching.
Victims in the murder case of Baby Samantha Pendo have asked the court to compel authorities to arrest police officer Mohammed Baa, who remains in hiding.
Appearing before Justice Margaret Muigai, lawyer Willis Otieno, representing the victims, said Baa is scheduled to stand trial over the killing of the six-month-old, who died in 2017. Otieno noted that three High Court judges had previously issued arrest warrants against the officer.
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The case came up on Wednesday following a defence application seeking to transfer the matter to Kisumu.
In response, Otieno made an oral application asking the court to direct the National Police Service or the Inspector General of Police to either apprehend Baa or provide his image so the victims can issue a public notice and seek assistance from the public in locating him.
"In alternative, we seek IG and DPP to supply victims with photographic image of said Baa to enable victims taking out public notice in media to sort public assistance on his whereabouts and that anybody who may know his whereabouts to share information with nearest police officer/station or with victims' counsels to facilitate his apprehension and arraignment before the court," the lawyer stated.
Otieno stressed that officer Baa’s continued evasion of arrest—despite valid court orders—has undermined the victims' trust in the justice system and shaken public confidence, especially with the trial approaching.
Plea procedurally flawed
However, a lawyer representing the National Police Service (NPS) dismissed Otieno’s oral plea as procedurally flawed, arguing that such a directive would raise serious constitutional and administrative concerns.
The Office of the Director of Public Prosecutions (ODPP) supported the NPS position, stating that the request to release Baa’s photo exceeded the prosecutorial mandate. The ODPP asked the court to allow it time to respond, should a formal written application be filed.
Earlier, the ODPP had filed an application seeking to transfer the Baby Pendo murder case from Nairobi to the Kisumu Law Courts, where the alleged crimes took place.
Four police officers—John Chengo Masha, Linah Kosgey, Cyprine Robi Wankio, and James Rono—are charged with the 2017 murder of six-month-old Samantha Pendo in Kisumu.
Request to move case to Kisumu
In a notice of motion dated June 30, 2025, the ODPP requested that the case be moved to Kisumu for hearing and determination.
The application states that the alleged crimes, including murder and rape under the International Crimes Act, occurred in the informal settlements of Nyalenda, Nyamasaria, Kondele, and Obunga in Kisumu County.
"That the transfer of the criminal case from High Court at Nairobi to the High Court at Kisumu, and or the holding of sittings in respect of the trial in the criminal case within Kisumu County, will tend to the general convenience of witnesses, most of whom are based in and around Kisumu County", the court documents read.
The prosecution argues that visiting the crime scenes is crucial to ensure a fair and thorough trial.
Principal Prosecution Counsel Victor Juma Owiti stated that holding the trial in Kisumu would allow the court to assess the locations where the alleged offences occurred. He added that it would also be more convenient for the more than 80 witnesses, most of whom live in Kisumu County.
"There are over eighty 80 witnesses in this matter who reside in Kisumu County, and transporting them to testify in Nairobi will incur undue expenses and costs."
The prosecution maintained that transferring the case to Kisumu is essential for the effective administration of justice and would not prejudice the accused persons.
The application is based on various legal provisions, including Articles 48 and 50 of the Constitution and Section 81 of the Criminal Procedure Code.
However, the defence opposed the application, arguing that it had not been properly served to all parties. Defence lawyers also said they needed an opportunity to raise concerns about the security of survivors and witnesses, as well as other logistical issues related to the proposed transfer.
"Kisumu city is about 355 kilometres from Nairobi by road," the court was told.
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