High Court orders transfer of Baby Pendo murder case to Kisumu
The National Police Service (NPS) was directed to maintain law and order as well as ensure the safety of all participants before, during, and after trial within the Kisumu court precincts.
The High Court in Nairobi has ordered the transfer of the trial of four senior police officers accused of murdering Baby Pendo to the Kisumu High Court, while upholding an arrest warrant against a missing co-accused.
Justice Margaret Muigai, sitting in the Criminal Division, ruled that an application by the Office of the Director of Public Prosecutions (ODPP) seeking to move the case from Nairobi to Kisumu had merit.
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In her ruling delivered on September 22, 2025, Justice Muigai said the transfer would be subject to conditions designed to safeguard the rights of all parties.
The National Police Service (NPS) was directed to maintain law and order as well as ensure the safety of all participants before, during, and after trial within the Kisumu court precincts.
The National Police Commission (NPC) was further ordered to provide transport and subsistence for the accused persons travelling from Nairobi to Kisumu and back.
"The right to a fair trial under Article 50 of the Constitution shall be observed, protected, and enforced," the judge emphasised, noting that the Kisumu High Court may consider holding proceedings in camera or virtually when necessary.
On the status of the 11th accused, Mohammed Baa, who has never appeared in court since the case began in 2022, the court ruled that the trial would proceed in his absence.
His arrest warrant, however, remains valid and enforceable. Justice Muigai directed the Inspector-General of Police and the NPS to execute the warrant under the Criminal Procedure Code and the National Police Service Act.
"Anyone with information on the whereabouts of the 11th accused person is required to relay it to law enforcement agencies for prompt action," the ruling stated, further ordering that progress reports be filed periodically.
The court, however, dismissed an application to publish Baa's photograph in the media, stressing that such disclosure must comply with the Data Protection Act.
The ruling comes after months of legal wrangles following the ODPP's application in June 2025. Prosecutors argued that a Kisumu trial would ease access for more than 80 witnesses, most of whom are based in the lakeside city, and allow the court to visit alleged crime scenes in Nyalenda, Nyamasaria, Kondele, and Obunga.
The accused officers opposed the transfer, claiming it would expose them to hostility, contradict bail terms barring them from the region, and impose heavy logistical and financial burdens.
Baby Pendo, a six-month-old girl, died in August 2017 after sustaining fatal head injuries during a police raid on her parents' home in Kisumu's Nyalenda estate, sparking national outrage.
The case will now be placed before Justice K. Kimondo, Presiding Judge of the Criminal Division, for further directions.
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