Court urged to deny Baby Pendo’s killer bond
Human rights organisations have urged the High Court to deny bail to four senior police officers charged with the brutal killing of Baby Samantha Pendo and 34 others during the 2017 post-election violence.
Lawyers representing Utu Wetu, Amnesty International, and the International Justice Mission on Tuesday told Justice Margaret Muigai that the accused officers wield immense influence and could interfere with witnesses if released on bail.
Citing a pre-bail report, lawyer Willis Otieno argued that the four serving senior police commanders—Linah Kogey, John Chengo Masha, Cyprine Robi Wankio, and James Rono—should remain in custody to protect the integrity of the trial.
“The accused have a well-structured countrywide network, and if released, they may influence or intimidate witnesses not to appear in court,” Mr Otieno said.
He noted that Ms Kogey is scheduled to retire on July 1, 2025, and said that keeping all four in custody is the best option to preserve the integrity of the proceedings. The accused face multiple charges, including murder, rape, torture, and crimes against humanity under the Rome Statute.
“The accused were police commanders at the time of the alleged offences and have connections to junior officers who may be witnesses in the case. Once released on bond, they could use those links to interfere with the proceedings,” Mr Otieno told the court.
He also asked the court to take judicial notice of recent deaths in police custody, including the mysterious killing of a teacher and blogger, Albert Ojwang, from Homa Bay County.
Lawyer Edward Mbanya, representing Amnesty International, also opposed the release of the accused, calling them a flight risk due to the seriousness of the charges, which carry severe penalties.
“Due to the gravity of these crimes and the harsh punishment upon conviction, the suspects may be enticed to jump bail. I urge this court to deny them bond,” Mr. Mbanya said.
He acknowledged that the officers had been out on cash bail during the investigation phase but insisted that circumstances had changed since they are now formally charged with capital offences.
However, the Director of Public Prosecutions (DPP), Renson Ingonga, through senior assistant directors, Gikui Gichuhi and Jalson Makori, did not oppose bail. Mr. Makori said the suspects had previously been out on Sh100,000 cash bail and urged the court to maintain those terms.
He said no affidavit had been filed by the investigating officer claiming that the accused had interfered with witnesses or threatened anyone, adding that bail is a constitutional right available to all accused persons, regardless of the offence.
The prosecution asked the judge to exercise discretion and grant reasonable bail terms to the accused.
The Independent Policing Oversight Authority (IPOA), which investigated the case, also did not object to the suspects’ release on bond.
Justice Muigai will rule on Monday on whether or not the four police commanders will be granted bail.
Initially, the DPP recommended charges against 12 senior officers, but only four were formally charged. One of the officers, Mohammed Baa, allegedly fled to Somalia upon learning that he was among those recommended for prosecution.
The DPP has not disclosed the status of the remaining seven officers implicated in the killings of protesters in Kisumu’s Nyalenda and Kachok areas on August 12, 2017.
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