The High Court has postponed its much-anticipated ruling on the bail application for four police officers accused of crimes against humanity in connection with the 2017 death of six-month-old Samantha Pendo. Justice Margaret Waringa Muigai announced the adjournment on June 4, 2025, citing the need to allow all parties adequate time to receive and review critical pre-bail and witness protection assessment reports.
Initially slated for June 4, the bail ruling will now be delivered on Tuesday, June 10, 2025. Justice Muigai explained that despite the reports having been filed and served to the Office of the Director of Public Prosecutions (ODPP) and the defense, they had not yet reached all interested parties, including victims’ counsel and oversight bodies.
“I hereby adjourn the matter to Tuesday, June 10, 2025, to allow time for all parties to be served with the pre-bail reports, and for any responses or applications to be filed as appropriate,” ruled Justice Muigai.
The delay follows a directive issued on May 12, when the judge tasked the Probation Services at Milimani Law Courts with preparing individual pre-bail reports for the accused. Additionally, the Witness Protection Agency was instructed to conduct a risk assessment for potential threats to witnesses and victims.
However, a court session on June 4 revealed that not all reports had reached the required parties. Advocate Willis Otieno of Utu Wetu, representing the victims, and the Independent Policing Oversight Authority (IPOA) had yet to receive the documents. Otieno had requested a postponement to June 5, but the judge noted her unavailability on that date.
The bail hearing relates to events that occurred during the post-election unrest in Kisumu County in 2017, where Baby Pendo suffered fatal injuries during a police operation. Her death became a national symbol of the excessive force used by security agencies.
The court is now expected to hear oral submissions and issue its decision on the bail applications on June 10. The outcome will be closely watched by human rights groups, victims’ families, and oversight bodies, as it marks a significant moment in Kenya’s efforts to hold security forces accountable for past abuses.
