The High Court released four police officers charged in connection with the murder of Baby Pendo on a personal bond of Sh200,000.
While granting the release, lady Justice Margaret Muigai said there were no compelling reasons presented by the prosecution to deny them bond.
However, the officers were directed not to go near any prosecution witnesses, not to interfere with evidence, not to engage in any criminal activity, not to leave the court’s jurisdiction, and to ensure they attend all court sessions as required.
“I have deliberately told you the five requirements so between now and the seven days I will release you on same terms and on those five conditions it is in your interest that you observe them,” said the judge.
The four appeared before Justice Muigai where they denied various charges of murder, rape, and crimes against humanity under the international crimes act and the Rome Statute of the International Criminal Court after the Director of Public Prosecution (DPP) reviewed the case thoroughly and approved the charges.
John Chengo Masha, a senior officer who is charged alongside Linah Kogey, Cyprine Robi Wankio and James Rono has been accused of murder as a crime against humanity.
Masha who was in charge of a General Service Unit platoon deployed to Nyalenda and Kachok areas of Kisumu East sub county 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.
Prosecution alleged that he had effective command of officers who carried out brutal operations and had reason to believe crimes would be committed, yet failed to act.
The officers under his command are said to have used excessive force, which resulted in the unlawful killing of Baby Samantha Pendo, a six-month-old infant.
The prosecution argues that Masha neglected to take reasonable and necessary steps to prevent or halt the unlawful actions of his officers.
Linah Kogey is alleged to have failed in her duty to prevent or stop the violence.
She also allegedly failed to report the unlawful killing to relevant authorities for investigation and prosecution.
According to the prosecution, under Masha’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.
The prosecution however has dropped charges against eight other police officers.
Among the officers whose charges were dropped include Mohammed Baa, whom the court has been informed of his disappearance.
Independent Policing Oversight Authority (IPOA) told the court that the charges were dropped without its consultation.
IPOA sought more time to engage with the DPP over the matter, saying it needed clarity on the reasons behind the decision to exclude the officers from prosecution.
“We have noted some of the suspects charges have been dropped without consultation of IPOA and such we need more time to consult with the DPP with regard to how the charges have dropped,” said IPOA.
Defence counsels on their part argued that the accused have fully complied with previous court directives and do not pose any flight risk.
“The object of bail is not to lock away an accused person pending trial, but to facilitate their attendance in court,” one of the defence lawyers submitted.
“The 3rd accused, a Chief Inspector of Police, has demonstrated her commitment to this process by attending all court sessions on her own recognizance.”
For Masha, the defence noted his desire to clear his name.
“It is in his interest to attend the trial so that he can be exonerated from these grave charges. He cannot be considered a flight risk. His record of attendance since 2022 speaks volumes.”
James Rono was also described as a family man with strong ties to the community.
“He has a known place of residence and has been faithfully attending court. There is no evidence to suggest he is a flight risk,” his lawyer told the court.
However, the victims’ legal representatives urged the court to consider the severity of the charges.
“We recognize the right of the accused persons to bail and bond, but this must be balanced with fairness to the victims,” one of the victims’ lawyers submitted.
“These are extremely serious offences under the International Crimes Act. The process must be fair to all parties, not just the accused.”
In July 2024, a landmark ruling by High Court Judge Kanyi Kimondo ordered 11 police officers to take a plea over the death of six-month-old Baby Samantha Pendo, who lost her life during police operations in Kisumu following the contested 2017 General Elections.
During that time, there were widespread protests, particularly in opposition strongholds such as Nyalenda and Kondele in Kisumu.
These protests prompted heavy police operations, which reportedly led to numerous human rights violations, including torture and extrajudicial killings.
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