Court to rule whether police officer accused of killing baby Pendo will be charged

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Part of the 12 police officers accused of extra-judicial killings leading to the death of Baby Pendo in 2017. PHOTO/Irene Onyango.

Reporter, Irene Onyango

The High Court will on 30 January deliver the ruling on whether the 12 police officers accused of causing the death of Baby Pendo during the 2017 post-election violence in Kisumu will be charged after four failed attempts.

Baby Pendo, a six-month-old child was killed during the unrest, along with numerous others who suffered at the hands of the police in what was termed as extra-judicial killings.

Lady Justice Margaret Muigai requested for time to peruse the file before making her ruling since she is new in the matter.

“Since the file is bulky and I have just come in from the transfer, I’d like some time to go through the file and deliver my ruling tomorrow at 3 PM,” Justice Muigai ruled

The matter had been adjourned after the Director of Public Prosecutions (DPP), through state counsel Mark Barasa, applied for a further adjournment, citing the absence of one key suspect, Mohamed Baa Amin who is already retired.

It is alleged that Baa’s whereabouts remain unknown despite efforts to involve the National Association of Retired Police Officers of Kenya (NARPOK) and the local village chief.

Baa, a former Assistant Superintendent of Police, is believed to have disappeared, with reports suggesting he may have crossed into a neighboring country.

This move has sparked outrage among as the defense lawyers and victims questioned when they will finally see justice.

“The victims have been denied justice for over seven years. Every adjournment is another day they are left without accountability,” said Otieno Willis, one of the lawyers from Utu Wetu.

Despite the missing suspect, the court has been reminded that the Constitution allows the plea to proceed with one suspect absent, as long as the rest are present in court.

The police have assured that efforts to locate Baa are ongoing, but his absence has become a growing point of contention.

The case, which has dragged on for over seven years, hinges on the question of accountability for the deaths and injuries caused during the unrest in Kisumu in 2017.

However, the victims’ families fear that the prosecution’s continued delays will further stall their pursuit for justice.