Four senior officers charged in connection with the murder of Baby Pendo and other victims of the 2017 post-election violence in Kisumu have been released on a cash bail of Sh1 million each.
Justice Margaret Muigai yesterday granted bail to John Chengo Masha, Linah Kosgey, Cyprine Robi Wankio, and James Rono who have all denied various charges, including murder, torture, and rape.
In releasing them, the court imposed nine strict bail conditions, among them a ban on entering specific locations in Kisumu where the violence occurred.
The officers were expressly barred from setting foot in the Nyalenda, Nyawita, Obunga, Nyamasaria, and Kondele areas of Kisumu until the hearing and determination of their trial.
In addition to being restricted from these areas, the court ordered that the accused must not leave the court’s jurisdiction and must attend all scheduled court sessions.
They, or any of their associates, are also prohibited from disclosing or sharing any information related to the case, including the contacts of witnesses or victims.
Each of the four was directed to surrender their passports to the court and to report to the nearest Independent Policing Oversight Authority (Ipoa) office every three months until the case is concluded.
Justice Muigai also extended an arrest warrant for the 11th suspect in the case, retired police boss Mohammed Bar, and instructed the National Police Service or the Inspector General to execute it.
Further, the charge sheet, which had included the names and personal information of survivors, is to be redacted and removed from the Court Tracking System (CTS) to protect the identities of the victims.
All parties were directed to engage in pre-trial processes, and the Office of Director Public Prosecutions (ODPP) was instructed to file and serve an application seeking the possible transfer of the case to Kisumu High Court. Each party will have 14 days to respond to the application.
The orders came in response to serious concerns raised by over 60 advocates representing organisations including the International Justice Mission, Amnesty International, the Law Society of Kenya (LSK), Utu Wetu, and the Kenya Human Rights Commission that had vehemently opposed to their release on bail terms citing likelihood of interference with key witnesses in the case.
The rights groups voiced fears about the safety and security of the victims, many of whom are expected to testify as key witnesses in the case.The advocates argued that the ODPP compromised the safety of the victims when it revealed their names and areas of residence in the charge sheet.
