Court to rule on bail application by four cops facing murder, rape and crimes against humanity charges
Court to rule on bail application by four cops facing murder, rape and crimes against humanity charges
The High Court is set to rule on June 16 2025 on whether to grant bail to four senior police officers charged with murder, rape, and crimes against humanity under the International Crimes Act.
The accused officers include John Chengo Masha, Lina Kogey, Cyprine Robi Wankio, and James Rono.
This is after the victim’s lawyers urged the court to deny them bail pending trial.
The lawyers argue that the serving officers will intimidate witnesses or interfere with investigations if released.
“The accused still wields immense police powers that could be misused,” stated the lawyers.
“Granting bail would risk undermining the integrity of the case and endangering vulnerable victims and witnesses. We ask the court to consider these unique circumstances and deny bail.”
They argued that officer Kogey, who is currently on terminal leave and due to retire next month is a flight risk due to family contacts abroad.
According to them, the mere fact of having the officers hearing the matter while on bail is intimidation enough.
“The best way to do that would be to have the accused in remand, especially for the serving police officers,” the lawyers stated.
“That does not take away their rights nor indicate they are guilty.”
They argued that policy requires the judicial officer to consider the safety of victims and their families when fixing bail terms.
The victims in this case, they say, are vulnerable and the court must prioritize their protection.
The defense lawyers, however, argue that bail should not be denied or the bond terms enhanced without new evidence suggesting a change in circumstances.
They argue that according to the probation officer’s report no threats have been reported by victims and that the accused have consistently attended court and respected its orders since October 2022.
“The first accused has religiously attended all court sessions and has not interfered with witnesses,” his lawyer submitted.
“There is no new evidence to justify denying bail or increasing bond terms.”
Officer Kogey through her lawyer argued she is not a flight risk despite having a daughter studying abroad.
“The second accused is an elderly citizen with health issues who needs proper medical care. She has a fixed abode in Kenya and has been attending court religiously,” the lawyer said.
“She is also on terminal leave, retiring soon, and will not be in command to interfere with evidence or victims.”
Similarly, Robi’s lawyer argued that the probation officer’s report effectively serves as an alibi for his absence during the time the alleged crimes occurred.
He argued that there is no compelling reason to deny bail, stating, “It is unfair and improper to deny bail without evidence contradicting these findings.”
“The accused persons are not primary or principal offenders, the accused have been arraigned on allegations of having committed various offences on command responsibility,” said the lawyer.
Chengo, Kogey, Robi , and Rono who are currently out on bail were charged with the murder of Baby Pendo during post-election violence witnessed after the 2017 General Election.
Chengo, a senior officer, faces charges of murder, rape, and crimes against humanity under the International Crimes Act.
He is accused of failing to prevent his subordinates from storming civilian homes, where they allegedly beat residents with clubs, raped more than 20 women, and subjected them to other forms of abuse.
Reports indicate that under Chengo’s command, police officers broke into several homes, used tear gas, assaulted residents, and took turns raping women.
Some victims were allegedly forced to pay between Sh500 and Sh2,000.
Meanwhile, other officers stood by and did nothing to intervene.
Kogey is also facing murder charges related to events that took place on August 12, 2017, during a police crackdown on civilians.