The High Court has granted police officers linked to the killing of Baby Samantha Pendo a cash bail of Sh1 million with two sureties of 500,000 shillings.
John Chengo Masha, Linah Kosgey, Cyprine Robi Wankio, and James Rono have been further ordered not to visit the crime scenes: Nyalenda, Nyamasaria and Nyawita areas in Kisumu City.
Delivering the ruling on Monday, Lady Justice Margaret Waringa Muigai also ordered them to report to the nearest Independent Police Oversight Authority (IPOA) offices once every three months, pending the hearing and determination of the case.
The court further ordered the accused persons not to interfere with the victims or witnesses in the case and to deposit their passports in court.
The Director of Public Prosecutions (DPP) charged four senior police officers under the International Crimes Act and the Rome Statute for crimes against humanity which include murder, rape, and torture committed by subordinates under their effective authority and control.
“This is a result of their failure to exercise control properly over such subordinates.”
The accused persons were serving as Inspectors of Police at the time, and they denied all the charges.
John Chengo, Masha, and Linah Kosgey were specifically charged for failing to take all necessary and reasonable measures to prevent or repress the unlawful killing of baby Pendo.
It occurred on 11th and 12th August 2017 at around 1:30 AM at Kilo Junction, Nyalenda, Kisumu East Sub-County by the police officers deployed under their effective authority and control.
They also face an alternative charge of murder as a crime against humanity for failing to refer the matter for investigation and prosecution.
The Charges
All four officers were jointly charged with 11 counts of rape as a crime against humanity, relating to the sexual violence allegedly committed by police officers under their effective control.
They were also charged with 11 counts, in the alternative, for failing to prevent or suppress widespread acts of sexual violence against civilian women.
This, however, is despite having reason to know that the officers under their command had committed sexual violence crimes within their effective control.
Additionally, the four accused persons were also charged with 38 counts of torture as crimes against humanity, for allegedly failing to prevent or report acts of physical and mental pain and suffering inflicted on civilians by officers under their direct command.
The four also faced alternative charges of failing to submit these allegations of torture to competent authorities for investigation and prosecution.
Justice Muigai also extended the warrant of arrest against police officer Mohammed Baa, which is to be executed by the Inspector General of police.
The case will be mentioned on 2nd July 2025 for further directions.
