Baby Pendo case: Bail hearing for accused police officers postponed to next week
This is after they informed the court that the pre-bail report after thand witness assessment reports were ready but had not been served to all parties
The bail hearing for the suspects in the ongoing murder case of six –months six-month-old Baby Samantha Pendo has been postponed to next Tuesday.
While directing the hearing to be done next week, Justice Margret Muigai said all parties involved in the case will have received the key pre-bail and witness protection assessment reports.
The direction by the court was arrived at after the accused persons informed the court that the pre-bail report and witness assessment reports were ready but had not been served to all parties.
“I hereby adjourn the matter to Tuesday, to allow time for all parties to be served with the pre-bail reports, and for any responses or applications to be filed as appropriate,” Muigai ruled.
Initially, the judge had directed that the Probation Services at Milimani Law Courts prepare a pre-bail report for each accused officer and asked the Witness Protection Agency to submit an assessment of risks to witnesses and victims. However, it emerged that the reports were not yet ready for submission.
During the hearing today, the court heard that the reports had been filed and served to the Office of the Director of Public Prosecutions (ODPP) and the defense, but they had not reached all interested parties including the victims’ lawyer Willis Otieno (Utu Wetu) and the Independent Policing Oversight Authority (IPOA).
It was confirmed by the Probation Officer that the reports were filed but had not been distributed to all relevant parties. The case will proceed on Tuesday, when oral submissions will be heard, and the court will consider whether to grant bail to the accused officers.
The charges relate to events during the 2017 post-election unrest in Kisumu County, where Samantha Pendo died after suffering a head injury during a police operation responding to protests.
The officers, John Chengo Masha, Lina Kogey, Cyprine Robi Wankio, and James Rono, have denied the charges and are out on a personal bond each.
According to the charge sheet, John Chengo Masha has denied serious offences, including murder and crimes against humanity under the International Crimes Act. He also faces a separate charge of rape.
Masha is also accused that, being the General Service Unit Inspector of Police and operationally in charge of Platoon One deployed at Kachok roundabout, and being directly in charge of officers deployed in Nyalenda and Kachok roundabout, knowingly failed to take all necessary and reasonable measures within his power to prevent or repress the unlawful killing of Baby Samantha Pendo.
Lina Kosgey, the then officer commanding Nyalenda Police Post, was also charged with murder in connection with the events.
It is further alleged that four officers involved in the operation raped 28 women and extorted money from the victims.
Cyprine Robi Wankio and James Rono also face similar charges.
Eight other officers who had originally also been accused alongside the four have had the charges against them dropped by the public prosecutor, sparking criticism
