The High Court in Nairobi has issued new restrictions on four police officers charged in the murder of Baby Samantha Pendo.
In a statement on Monday, June 16, the Office of the Director of Public Prosecutions (ODPP) said the new directives include the accused being barred from accessing crime scenes within Kisumu County.
"The High Court has ordered four police officers charged with the murder of Baby Pendo not to visit the crime scenes within Kisumu County. Delivering a bail and bond ruling on Monday, Lady Justice Margaret Muigai ordered police officers John Chengo Masha, Linah Kosgey, Cyprine Robi Wankio, and James Rono not to visit the Nyalenda, Nyamasaria and Nyawita area in Kisumu," the ODPP said.
Justice Muigai granted each of the accused a bond of Ksh1 million with two sureties of Ksh500,000 and issued further conditions.
"The accused person will be reporting to the nearest IPOA offices, once in 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 ODPP continued.
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According to the ODPP, the four officers, John Chengo Masha, Linah Kosgey, Cyprine Robi Wankio, and James Rono, denied all 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 Samantha Pendo which occurred on 12th August 2017 at around 1:30 AM at Kilo Junction, Nyalenda, Kisumu East Sub-County, Kisumu 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 statement added.
The ODPP noted that the indictment extended beyond the killing to include sexual and physical violence allegedly committed by officers under their command.
"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 between 11th and 12th August 2017 in Nyalenda, Kisumu East Sub-County, and Kisumu County.
"They were also charged with 11 counts, in the alternative, for failing to prevent or suppress widespread acts of sexual violence against civilian women, despite having reason to know that the officers under their command had committed sexual violence crimes within their effective control," the statement further read.
Further, the officers face dozens of torture-related charges.
"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.
"They also faced alternative charges of failing to submit these allegations of torture to competent authorities for investigation and prosecution. The court also extended the warrant of arrest against police officer Mohammed Baa, which is to be executed by the Inspector General of police," the agency said.
The case will be mentioned again on July 2, 2025, for further directions.
