Court Orders DPP to Track Fugitive Ex-Police Officer in Baby Pendo Case

Court Orders DPP to Track Fugitive Ex-Police Officer in Baby Pendo Case

by Irene Onyango

High Court Judge Justice Margaret Muigai has given the Director of Public Prosecutions (DPP) 30 days to exhaust all reasonable efforts to locate and arrest Mohammed Baa.

While ruling on the case against 11 police officers accused of involvement in the death of baby Pendo, she ordered that a conclusive report on Baa’s apprehension be submitted by the Inspector General of Police or another senior official from the National Police Service.

Additionally, the DPP has been granted the same timeframe to review and, if necessary, amend the charges or information in collaboration with IPOA and other relevant agencies, as was discussed during the proceedings.

Justice Muigai further advised that if all attempts to find Baa prove unsuccessful, the Office of the Director of Public Prosecutions may consider withdrawing the charges against him, as the case cannot remain in court indefinitely.

This directive follows a disclosure by DPP Renson Ingonga that one of the suspects, Mohamed Baa Amin, a retired Assistant Superintendent of Police, has vanished without a trace.

State Prosecutors Mark Barasa and Gikui Gichuhi informed the court on January 29, 2025, that attempts to track Amin at his residence in Madaga Village, Korwa Sub-location, Wajir County, have been futile.
Barasa, citing a report from Chief Inspector of Police Peter Kanani, stated that it is suspected Amin may have crossed into Somalia.

The court learned that Amin retired from the National Police Service in July 2021, and despite repeated efforts, authorities have been unable to locate him.

According to Wajir County Regional Police Commander Pepita Ranka, a visit to Amin’s home and discussions with his relatives revealed that he never returned home after retirement.

Barasa urged the court to allow the DPP’s office additional time to engage with international security agencies to facilitate Amin’s tracking and possible repatriation to face prosecution.

He further noted that while Somalia is not a signatory to international security treaties, the government intends to seek assistance from relevant global organizations to ensure Amin is brought before the court alongside the 11 other senior police officers already charged.

Willis Otieno, representing the victims’ rights group Utu Wetu, requested the court to order the release of Mohammed Baa’s photographs to support civilian efforts in locating and apprehending him.

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