Why DPP wants Baby Pendo case transferred to Kisumu

The DPP has asked the High Court to transfer the hearing of the Baby Pendo murder case from Nairobi to Kisumu, citing the general convenience of witnesses.

In an application by principal prosecution counsel Victor Owiti, the DPP wants the court to either transfer the case or consider holding hearings in the lakeside city.

Four police officers John Chengo, Linah Kogey, Cyprine Robi and James Rono have been charged with the murder of six-month-old baby Samantha Pendo in October 2017.

Eight other officers who had originally also been accused alongside the four have had the charges against them dropped by the Director of Public Prosecutions who cited lack of evidence.

Baby Pendo was fatally hit in 2017 as police officers were deployed to quell violence linked to the 2017 post-election protests in Kisumu.

Chengo, Linah, Robi and Rono have since denied multiple charges, including murder as a crime against humanity.

They also pleaded not guilty to other charges of torture and rape committed against civilians.

The accused are out on a Sh1 million cash bail each.

When the matter came up for mention before Justice Margaret Muigai at the High Court in Nairobi on Wednesday, parties were informed of the DPP’s application dated June 30 in which he wants the case moved to Kisumu.

The DPP argues that transferring the case to Kisumu or holding trial sittings in the lakeside city would facilitate the court’s view of the scenes of the offences which are the subject of the case.

“The transfer of the case will also tend to the general convenience of witnesses, most of whom are based in and around Kisumu county,” the DPP says.

He says the accused will not suffer any prejudice should the orders sought be granted.

Justice Muigai directed that the application be served on all parties and the parties to file their responses within seven days before it is heard on July 17.

The offences for which the accused are charged were committed in various estates within Kisumu city.

The court has since barred the accused from setting foot in the hotspot estates of Kisumu where the victims reside.

The estates included Nyalenda, Obunga, Nyawita and Nyamasaria.

The orders followed an application by victims’ lawyer Willis Otieno, who said the accused should be barred from making any contact with victims.

“They must not in any way, either personally or through proxies, contact witnesses or victims, nor disclose or disseminate any information relating to the case,” Justice Muigai ruled on May 12 warning that any such conduct will be treated as contempt of court.

The accused have been charged under the international crimes act and are facing 47 counts of crimes against humanity including murder, torture and rape.

They are police commanders who bear the responsibility for the actions and inactions of their juniors who were under their command when the atrocities were allegedly committed.