The Director of Public Prosecutions (DPP) Renson Ingonga has applied to have the murder trial of Baby Samantha Pendo and related charges arising from the 2017 post-election violence transferred from the High Court in Nairobi to the High Court in Kisumu.

In an application filed in court through Principal Prosecution Counsel Victor Juma Owiti, the DPP is seeking orders to relocate the trial of four senior police officers, John Chengo Masha, Linah Kosgey, Cyprine Robi Wankio, and James Rono, to Kisumu for hearing and determination.

According to the prosecution, the crimes in question including murder, rape, and torture under the International Crimes Act were allegedly committed in various informal settlements within Kisumu County, namely Nyalenda, Nyamasaria, Kondele, and Obunga.

“That the transfer of the criminal case from High Court at Nairobi to the High Court at Kisumu, and or the holding of sittings in respect of the trial in the criminal case within Kisumu County, will tend to the general convenience of witnesses most of whom are based in and around Kisumu County,” the application states.

The DPP argues that transferring the trial is crucial for several reasons. 

First, relocating the case to Kisumu would allow the court to visit and assess the scenes of the alleged crimes, which is vital for a fair and satisfactory trial. 

Second, the move would accommodate the more than 80 witnesses, the majority of whom reside in Kisumu County, thereby saving them the cost and logistical burden of traveling to Nairobi to testify. 

Third, the application asserts that holding the trial in Kisumu would promote judicial efficiency and allow the court to exercise its authority in a timely and effective manner.

The DPP further notes that the transfer would serve the broader interests of justice by ensuring the trial is conducted in close proximity to where the alleged offences occurred. 

Lastly, the prosecution maintains that none of the accused persons would suffer any prejudice if the orders were granted.

Supporting the application, Senior Assistant DPP Gikui Gichuhi emphasized that the request is grounded in constitutional and statutory provisions, including Articles 48 and 50 of the Constitution, which guarantee the right to access justice and to a fair trial, as well as Section 81 of the Criminal Procedure Code.

“That there are over 80 witnesses in this matter who reside in Kisumu County, and transporting them to testify in Nairobi will incur undue expenses and costs,” Owiti submitted.

The prosecution further emphasized that holding the trial in Kisumu would also allow the court to “view the scenes of the offences the subject of the criminal case,” which they say is “necessary for the satisfactory trial of the subject offences.”

The DPP move comes after on June 17, the four accused officers were released on a cash bail of Sh1 million each, pending the hearing and determination of the case.

Justice Grace Muigai imposed nine strict bail conditions, including a ban on entering key areas in Kisumu, Nyalenda, Nyawita, Obunga, Nyamasaria, and Kondele, where the alleged crimes occurred.

The officers were also ordered not to leave the court’s jurisdiction and to attend all scheduled court proceedings.

Meanwhile, the court extended an arrest warrant for the 11th suspect, retired police boss Mohammed Bar, directing the National Police Service and the Inspector General to execute it without delay.

The four officers have been charged with one count of murder, eleven counts of rape, and thirty-eight counts of torture. 

According to court documents, junior officers were allegedly involved in killing Baby Pendo, raping multiple women, and subjecting others to torture some even forced to pay bribes ranging from Sh500 to Sh2,000.

Inspector Chengo faces a primary of charge of the killing of Baby Pendo and also faces alternative counts of rape, torture, and failure to suppress or report sexual violence.   

He also faces alternative charges of rape, torture, and failure to report or suppress sexual violence, as well as failing to refer the crimes for investigation and prosecution.

Inspector Kosgey is similarly charged with murder, and faces counts of rape and torture, along with failure to report or prevent widespread sexual violence.

Wankio and Rono are both charged with rape and torture, as well as with failing in their duty to prevent or suppress the crimes committed under their watch.