The Director of Public Prosecutions (DPP) has filed an application seeking to transfer the high-profile Baby Samantha Pendo criminal case from the Milimani High Court in Nairobi to the High Court in Kisumu. The case involves four police officers John Chengo Masha, Lina Kosgey, Cyprine Robi Wankio, and James Rono who were charged on May 5, 2025, with offences including murder and torture.
The officers were arraigned before Lady Justice Margaret Muigai at the Milimani High Court, where they all pleaded not guilty. In a notice of motion dated June 30, the DPP has requested that the matter be moved to Kisumu, citing several legal and logistical reasons that support the necessity of the transfer.
One of the central arguments presented by the DPP is that conducting the trial in Kisumu would enable the court to closely inspect the scenes of the alleged offences. This, the DPP argues, is essential for a fair and comprehensive trial process. By facilitating a court’s visit to the relevant locations, the prosecution believes the trial will benefit from a deeper understanding of the circumstances surrounding the events in question.
Additionally, the DPP has emphasized the convenience of witnesses as a key reason for the proposed move. Most of the witnesses in the case are based in Kisumu County or the surrounding areas. Holding proceedings within this jurisdiction would ease logistical challenges and reduce potential delays related to witness attendance and availability.
The application further highlights that transferring the case to Kisumu would be consistent with the court’s obligation to exercise its judicial authority effectively and without unnecessary hindrance. The DPP also argues that given the prolonged nature of the case nearly eight years since Baby Pendo’s tragic death relocating the trial would serve the broader interests of justice by expediting the hearing and final determination.
In a bid to allay any concerns from the defence, the DPP assured the court that none of the accused officers would be prejudiced by the transfer. The prosecution maintains that the move is solely aimed at ensuring the smooth administration of justice and not at disadvantaging any party involved.
In a significant development within the same case, the DPP has also dropped charges against eight senior police officers, including Titus Yoma, Titus Mutune, Benjamin Koima, Benjamin Lorema, Volker Edambo, Josphat Sensira, Mohammed Ali Guyo, and the missing retired officer Mohammed Baa. The eight are now expected to serve as State witnesses to support the prosecution’s case and aid in delivering justice for Baby Pendo and her family.
