NAIROBI, Kenya – Seven years after the tragic killing of Baby Pendo during the 2017 post-election violence, justice remains elusive.
The High Court has granted the Director of Public Prosecutions (DPP) 30 days to review charges in the case, citing difficulties in locating Mohammed Baa, a police officer and the primary suspect.
Lady Justice Margaret Muigai, in her ruling on Thursday, directed the Inspector General of Police to update the court on efforts to apprehend Baa, who has remained missing despite an extended warrant of arrest.
“The prosecution must pursue amendments to the charges and consider withdrawing those against Baa if he is not found,” the Office of the Director of Public Prosecutions (ODPP) stated in a press release.
The court has granted the Director of Public Prosecutions (DPP) 30 days to review charges in the baby Pendo murder case amid challenges in tracing one of the suspects. Hon. Lady Justice Margaret Muigai, sitting at the Milimani High Court, in her ruling today, allowed the…
While Baa’s disappearance has complicated the case, legal experts argue that justice should not be stalled solely due to one missing suspect.
Baa is among 11 officers facing prosecution under Kenya’s International Crimes Act (2008), a law that allows for accountability based on the legal principle of superior responsibility.
The accused officers—Titus Yoma, Titus Mutune, John Chengo, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robe, Josphat Sensira, Mohammed Ali Guyo, and James Rono—are being held responsible for the brutal crackdown that led to Baby Pendo’s death.
The delay in prosecuting the case has drawn public criticism, with many arguing that high-ranking officers are being shielded from accountability.
Baby Pendo’s family and legal representatives are running out of patience.
Lawyer Willis Otieno, representing the victim’s family, reminded the court that two previous judges had already ruled that the officers should face criminal charges.
“Seven years later, justice remains unserved. The dignity of the victim has been denied,” Otieno told the court, dismissing the DPP’s claim that Baa’s absence justified further delays.
Otieno insisted that the remaining ten officers should be prosecuted immediately, arguing that Baa’s eventual arrest should not be a condition for justice.
With the next court session set for 30 days from now, all eyes are on the DPP. Will this be the breakthrough the case needs, or just another delay in a justice system already stretched thin?
