The Milimani High Court in Nairobi has ordered that the trial over the killing of Baby Samantha Pendo, who died during the 2017 post-election violence, be moved to the Kisumu High Court.
Justice Margaret Muigai ruled that the transfer will serve the interests of justice since most of the witnesses and parties in the case are based in Kisumu. She noted that hearing the case closer to the affected community would reduce costs, ease witness attendance, and make it possible for the court to visit the crime scene if required.
The application for transfer was made by the Office of the Director of Public Prosecutions (ODPP) and the Independent Policing Oversight Authority (IPOA). They argued that at least 80 witnesses are expected to testify and that moving the case would improve efficiency while also safeguarding public interest.
Justice Muigai agreed with these submissions, highlighting that the State has a constitutional duty to protect victims and witnesses while ensuring the accused are given a fair hearing as provided under Article 50 of the Constitution.
The accused persons had opposed the transfer, citing fears of insecurity and potential media influence. However, the judge dismissed these claims, stating that the political climate in Kisumu has significantly changed since 2017. She further directed that the National Police Service provide adequate security before, during, and after the hearings, including transportation and protection for the accused when required in court.
Additionally, the court instructed a senior officer from the Inspector General’s office to file a status report on efforts to arrest the 11th accused, Mohammed Baa, who remains at large.
The case, which began in 2022, follows the tragic death of six-month-old Baby Pendo in Kisumu. Her killing during the 2017 post-election unrest shocked the nation and drew attention to police accountability during political crises.
