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Post Reply: Victims in Baby Pendo Murder Trial Seek Public Assistance to Locate Fugitive Officer

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on July 24, 2025, 9:03 am</div><div id="pl-7198"  class="panel-layout" ><div id="pg-7198-0"  class="panel-grid panel-no-style" ><div id="pgc-7198-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7198-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="1 1 []">In a significant development in the ongoing Baby Samantha Pendo murder case, victims and their legal representatives have urgently appealed to the public for help in locating a fugitive police officer, Mohammed Baa, who remains at large despite multiple court-issued arrest warrants. The plea was made during a heated court session on July 23, 2025, before Justice Margaret Muigai at the Milimani High Court in Nairobi, Kenya, as the pursuit of justice for the six-month-old infant killed during the 2017 post-election violence in Kisumu continues to face challenges.</p>
<p dir="ltr">Baby Samantha Pendo, a six-month-old infant, died on August 12, 2017, after being struck on the head with a blunt object during a police crackdown on protesters in the Nyalenda slums of Kisumu. The incident occurred around 1:30 am at Kilo Junction, when anti-riot police stormed the home of Pendo’s parents, Joseph Abanja and Lenser Achieng, as they fled teargas and violence. The brutal killing of the infant sparked widespread national outrage, becoming a symbol of excessive police force during the 2017 post-election crisis, which also saw the deaths of 39 other civilians and numerous cases of torture, rape, and extortion.</p>
<p dir="ltr">The case, a landmark trial under Kenya’s International Crimes Act of 2008, initially involved 12 senior police officers charged with crimes against humanity, including murder, rape, and torture, for their failure to exercise command responsibility over subordinates who committed these atrocities. However, the Office of the Director of Public Prosecutions (ODPP) dropped charges against eight officers in May 2025, prompting criticism from human rights groups for undermining accountability. The remaining four officers, John Chengo Masha, Linah Kosgey, Cyprine Robi Wankio, and James Rono, were charged with murder and other offenses under the Rome Statute. They were released on a Sh1 million bond each with two sureties of Sh500,000 and ordered not to visit the crime scenes in Nyalenda, Nyamasaria, and Nyawita, or contact victims and witnesses. These officers have denied the charges and are awaiting a bail ruling scheduled for June 16, 2026.</p>
<p dir="ltr">Mohammed Baa, a retired Assistant Superintendent of Police who left the National Police Service in July 2021, remains a key suspect in the case. Despite a standing arrest warrant issued by three High Court judges, the National Police Service (NPS) and the ODPP have been unable to apprehend him, raising concerns about the commitment to justice. During the July 23 session, Willis Otieno, the lawyer representing Baby Pendo’s family and other victims, made an impassioned oral application urging the court to compel the NPS or Inspector General of Police Douglas Kanja to either arrest Baa or provide his photograph. This would enable the victims to publish a public notice in the media, seeking assistance from Kenyans to locate the officer. Otieno emphasized that Baa’s continued evasion, despite valid court orders, has eroded the confidence of the victims and the broader community in the justice system, particularly as the case nears its trial phase.</p>
<p dir="ltr">The proposal to involve the public in locating Baa underscores the victims’ proactive stance in ensuring accountability. Otieno suggested that anyone with information about Baa’s whereabouts contact the nearest police station or the victims’ legal counsel to facilitate his apprehension and arraignment. However, the application faced resistance from the NPS and ODPP, who have yet to provide concrete reasons for their failure to locate Baa. Earlier in the case, on January 28, 2025, Senior Assistant DPP Mark Barasa requested a 45-day deferral to apprehend Baa, citing the need for all suspects to take plea together under Article 61 of the Rome Statute for joint prosecution. Justice Muigai granted a 30-day period for the ODPP to review charges and locate Baa, but these efforts have so far been unsuccessful, with the court noting that charges against Baa may be withdrawn if he cannot be found, as the case cannot remain pending indefinitely.</p>
<p dir="ltr">The Baby Pendo case has drawn significant attention due to its unprecedented use of the principle of command responsibility, holding senior officers accountable for the actions of their subordinates. John Chengo Masha, the General Service Unit Inspector in charge of Platoon One at Kachok Roundabout, and Linah Kosgey, the former officer commanding Nyalenda Police Post, are among those accused of failing to prevent or repress the unlawful killing of Pendo and others. The charge sheet also alleges that four officers involved in the operation raped 28 women and extorted money from victims during the violent crackdown, further highlighting the scale of human rights abuses.</p>
<p dir="ltr">Human rights organizations, including Amnesty International and the Mukuru Social Justice Centre, have been vocal in their support for the victims, condemning the ODPP’s decision to drop charges against eight officers as a setback for justice. They have also raised concerns about the public release of the charge sheet, which included the names of victims and witnesses, potentially exposing them to harm. The groups have called for the redaction of these names in future proceedings and urged the Judiciary to expedite the trial to provide closure for Pendo’s family and other victims.</p>
<p dir="ltr">The court has implemented measures to protect witnesses, with the Witness Protection Agency tasked with submitting an assessment report within two weeks of the May 2025 hearing. Additionally, the accused officers have been barred from interfering with victims or witnesses and were required to deposit their passports in court, reflecting the seriousness of the charges and the need to ensure a fair trial.</p>
<p dir="ltr">As the case progresses, the victims’ call for public assistance in locating Mohammed Baa represents a critical effort to overcome obstacles in the pursuit of justice. The trial, which marks the first time Kenyan police officers have been charged under the International Crimes Act, is seen as a pivotal moment in addressing police brutality and human rights abuses in the country. With the bail ruling for the four charged officers looming and the search for Baa ongoing, the eyes of the nation remain on the Milimani High Court, where the fight for accountability for Baby Pendo and countless others continues.</p>
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