The High Court ordered four police officers charged with the murder of Baby Pendo not to visit the crime scenes within Kisumu County.
Delivering a bail and bond ruling on Monday, Lady Justice Margaret Muigai ordered police officers John Chengo Masha, Linah Kosgey, Cyprine Robi Wankio, and James Rono not to visit the Nyalenda, Nyamasaria and Nyawita area in Kisumu.
Justice Muigai granted each accused person a bond of Sh1 million with two sureties of Sh500,000.
The accused person will be reporting to the nearest IPOA offices, once in every three months, pending the hearing and determination of the case.
The court further ordered the accused persons not to interfere with the victims or witnesses in the case and to deposit their passports in court.
The Director of Public Prosecutions (DPP) charged four senior police officers under the International Crimes Act and the Rome Statute for crimes against humanity, including murder, rape, and torture committed by subordinates under their effective authority and control, as a result of their failure to exercise control properly over such subordinates.
The accused persons, John Chengo Masha, Linah Kosgey, Cyprine Robi Wankio, and James Rono, who were serving as Inspectors of Police at the time, were charged before Lady Honourable Justice Margaret Waringa Muigai, where they denied the charges.
John Chengo Masha and Linah Kosgey were specifically charged for failing to take all necessary and reasonable measures to prevent or repress the unlawful killing of baby Samantha Pendo which occurred on 12th August 2017 at around 1:30 AM at Kilo Junction, Nyalenda, Kisumu East Sub-County, Kisumu County by the police officers deployed under their effective authority and control.
They also face an alternative charge of murder as a crime against humanity for failing to refer the matter for investigation and prosecution.
All four officers were jointly charged with 11 counts of rape as a crime against humanity, relating to the sexual violence allegedly committed by police officers under their effective control between 11th and 12th August 2017 in Nyalenda, Kisumu East Sub-County, and Kisumu County.
They were also charged with 11 counts, in the alternative, for failing to prevent or suppress widespread acts of sexual violence against civilian women, despite having reason to know that the officers under their command had committed sexual violence crimes within their effective control.
Additionally, the four accused persons were also charged with 38 counts of torture as crimes against humanity, for allegedly failing to prevent or report acts of physical and mental pain and suffering inflicted on civilians by officers under their direct command.
They also faced alternative charges of failing to submit these allegations of torture to competent authorities for investigation and prosecution.
The court also extended the warrant of arrest against police officer Mohammed Baa, which is to be executed by the Inspector General of police.
The case will be mentioned on 2nd July 2025 for further directions.
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