The High Court of Kenya Thursday issued warrants of arrest against Mohammed Baa, a senior police officer in a case he was to take plea over the death of Baby Pendo.
The warrant was issued after Baa failed to appear in court.
He was set to be charged alongside his colleagues with murder in relation to the killing of Baby Samantha Pendo in Kisumu’s Nyalenda Slums in 2017.
The charges against Baa and 11 other officers namely Titus Yoma, Titus Mutune, John Chengo, Linah Kogey, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robe, Josphat Sensira, Mohammed Ali Guyo and James Rono relate to incidents during the 2017 post-election violence.
The charges were instituted under the International Crimes Act, 2008 considering the role played by each of the suspects on the basis of the international law principle of superior responsibility.
Lady Justice Lilian Mutende directed the Inspector General of Police, Douglas Kanja, to execute the warrants, and apprehend and bring Baa before court to take plea.
Baa, the 11th accused person, has severally failed to attend court despite the warrants having been issued against him.
During Thursday’s mention of the case, Senior Assistant Director of Public Prosecutions, Vincent Monda, informed the court of the instructions from the Director of Public Prosecutions, Renson Ingonga, that all the accused persons had to be present before plea could be taken, as proceeding in Mr. Baa’s absence would not be in the interest of justice.
“The DPP has directed that we inform this honourable court that all suspects must be present before the plea can be taken. The DPP intends to make an opening statement outlining the role each of each accused person in the commission of the said offences,” Monda submitted.
The DPP emphasized the significance of the case noting that it is the first time the State would be prosecuting anyone under the International Crimes Act and on the basis of the principle of superior responsibility, thus the need to ensure that the process is handled correctly from the start.
The DPP is represented in the case by a strong team of prosecutors including Monda, Senior Assistant Directors of Public Prosecutions, Mark Barasa and Jalson Makori, Assistant Director of Public Prosecutions, Gichuhi Gikui, Senior Principal Prosecution Counsel, Christine Kathambi, Principal Prosecution Counsel, Victor Owiti, and Prosecution Counsel, Becky Arunga.
The court set the fresh plea date for November 5, 2024, when Baa should be produced in court in compliance with the warrants.
In response to the victims’ counsel insistence that the plea had to proceed without Baa, the court reiterated that the power to prosecute is vested in the DPP, with (the) victims having a nominal though important role.
The High Court had in July 2024, dismissed the suspects’ applications challenging the jurisdiction of the court to handle charges under the International Crimes Act.
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