The Milimani High Court ordered that the case on the killing of six-month-old Baby Samantha Pendo during the 2017 post-election violence be transferred from Nairobi to the Kisumu High Court.
Delivering the ruling, Lady Justice Margaret Muigai said the transfer was necessary to ensure efficient gathering of evidence, reduced costs, and expedited proceedings in the interest of justice and public interest.
The court further directed the National Police Service (NPS) to provide adequate protection for both witnesses and accused persons during transport and hearings.
A senior officer from the Inspector General’s office will also be required to give regular status reports on security and trial logistics.
“While the convenience and access of witnesses must be considered, the rights of the accused must equally be protected in line with Article 50 of the Constitution, which guarantees the right to a fair trial,” said the judge
Atleast 80 witnesses will testify in the case.
The Office of the Director of Public Prosecutions (ODPP) and the Independent Policing Oversight Authority (IPOA), who sought the transfer, had argued that most witnesses reside in Kisumu and that the proximity of the trial would ease inspections of key sites linked to the case.
The case file will now be placed before Justice Kimondo in Kisumu for further directions.
In the case, four police officers who have since denied the charges and have been released on cash bail of Sh1 million are charged 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.
John Chengo Masha, Linah Kosgey, Cyprine Robi Wankio, and James Rono, were serving as Inspectors of police at the time.
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