High Court to rule on bail for officers in Baby Pendo case on June 16
Prosecutors maintained that the serving commanders, being prosecuted under the unprecedented principle of command responsibility for events leading to the infant's death, would not interfere with witness testimony despite the serious charges.
The High Court will deliver its ruling on June 16 regarding bail applications for four senior police officers charged in connection with the 2017 killing of Baby Pendo.
During Tuesday's hearing, neither the Independent Policing Oversight Authority (IPOA) nor the Director of Public Prosecutions (DPP) opposed bail for the accused. However, IPOA urged the court to impose strict conditions to ensure the officers' attendance at all court proceedings.
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Prosecutors maintained that the serving commanders, being prosecuted under the unprecedented principle of command responsibility for events leading to the infant's death, would not interfere with witness testimony despite the serious charges.
Willis Otieno, representing Baby Pendo's family, strongly opposed bail, emphasising the case's exceptional gravity and sensitivity. He argued these factors warranted denying the officers' release.
The court noted the initial bail terms were granted during the investigation phase, before formal charges were brought.
In May, Justice Margaret Muigai ordered that the four officers should not set foot near crime scenes.
"I hereby direct that the accused persons shall not step at the crime scene that is Nyalenda, Nyamasaria and Nyawita as part of enhanced conditions before bail ruling", the judge said. The court further ordered that the accused persons must not contact any witnesses or the victims.
These measures were implemented to facilitate the preparation of a comprehensive bail assessment report. The Witness Protection Agency may also submit its evaluation within the same two-week period.
The landmark case represents Kenya's first prosecution of police commanders under the doctrine of command responsibility for alleged rights violations during post-election violence.
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