DPP seeks transfer of Baby Samantha Pendo murder case to Kisumu over scene access, witness cost

The Director of Public Prosecutions (DPP) has filed an application seeking to transfer the Baby Samantha Pendo murder case from Nairobi to Kisumu Law Courts, where the atrocities happened.

Four police officers — John Chengo Masha, Linah Kosgey, Cyprine Robi Wankio, and James Rono — are charged with the 2017 murder of Samantha Pendo in Kisumu.

In a notice of motion dated June 30, 2025, the DPP is seeking the transfer of the case to Kisumu for hearing and determination.

According to the application, the crimes — which include charges of murder and rape under the International Crimes Act — were allegedly committed 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 witnesses most of whom are based in and around Kisumu County", the court documents read.

Crime scenes

The prosecution argues that visiting the crime scenes is crucial to ensuring a fair and thorough trial.

Victor Juma Owiti, a principal prosecution counsel, argued that holding the trial in Kisumu would not only facilitate the court's assessment of the scenes of the alleged offences but also serve the convenience of over 80 witnesses, the majority of whom reside 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."

They emphasised that the transfer is necessary for the effective administration of justice and would not cause prejudice to the accused persons.

The application is grounded in several constitutional and statutory provisions, including Articles 48 and 50 of the Constitution and Section 81 of the Criminal Procedure Code.

The defence, however, opposed the application, saying it had not been served on other parties.

The lawyers said they need to address concerns such as the security of survivors and witnesses, as well as other logistical issues.

"Kisumu city is about 355 km from Nairobi by road," the court was told.

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• DPP seeks transfer of Baby Samantha Pendo murder case to Kisumu over scene access
• witness cost

The judge directed the DPP to serve all parties and appear in court on July 17 for the hearing.

She noted that while some parties prefer the case to be tried in Nairobi and others in Kisumu, the court will proceed to pretrial after the ruling.