The Office of the Director of Public Prosecutions (ODPP) has filed an application before the Milimani High Court seeking to transfer the Baby Pendo case from Nairobi to Kisumu.
In a statement released on Wednesday, July 23, the DPP stated that the transfer would better serve the ends of justice.
The case involves four senior police officers, John Chengo Masha, Linah Kosgey, Cyprine Robi Wankio, and James Rono, who are facing multiple charges linked to the violent crackdown on protesters in Kisumu following the disputed August 2017 general election.
The DPP argued that since the alleged crimes, including murder, rape, and torture, occurred in Kisumu’s informal settlements of Nyalenda, Nyamasaria, Kondele, and Obunga, it is only fitting that the trial takes place within the same jurisdiction.
Additionally, over 80 witnesses, most of them Kisumu residents, would face significant logistical and financial burdens if required to travel to Nairobi for court proceedings.
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The accused, all of whom were police inspectors at the time, have been jointly charged with 11 counts of rape as crimes against humanity, 11 alternative charges of failing to prevent widespread acts of sexual violence.
Others are 38 counts of torture, and alternative charges of neglecting to submit the crimes for investigation and prosecution, offenses that occurred between August 11 and 12, 2017.
Samantha Pendo, a six-month-old baby, died after sustaining injuries during a violent police operation in Kisumu. That night, security forces were deployed to quash post-election protests that had broken out.
Her family, who lived in the Nyalenda informal settlement, had barricaded their home when chaos erupted outside. Despite their efforts to stay safe, police broke into the house by force, eventually throwing a tear gas canister inside. As the family scrambled to get out, officers allegedly began beating them.
Baby Pendo was exposed to the tear gas and reportedly struck during the chaos. She lost consciousness and was later taken to the hospital, where she died after spending three days in intensive care.
The High Court is expected to rule on the DPP’s application to transfer the case on August 18.
