Court’s Ruling on Baby Pendo Case Expected Tomorrow as Justice for Victims Hangs in the Balance

Court's Ruling on Baby Pendo Case Expected Tomorrow as Justice for Victims Hangs in the Balance

by Irene Onyango

The High Court is set to deliver the long-awaited ruling on whether the twelve police officers accused of causing deaths and injuries during the 2017 post-election violence in Kisumu will face further delays

Lady Justice Margaret Muigai is expected to decide tomorrow, 30th January, at 3 PM, whether the officers involved in the tragic death of Baby Pendo, a six-month-old child who was killed during the unrest, along with numerous others who suffered at the hands of the police will finally be required to plead before the court.

“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,” remarked Justice Muigai.

The officers were expected to enter pleas today, but the Director of Public Prosecutions (DPP), through Mark Barasa, applied for a further adjournment, citing the absence of one key suspect, Mohamed Baa Amin, as the reason for the delay.

The police’s Officer in Charge, Peter Kanagi, confirmed 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 defense and victim representatives, who question when the victims 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.

However, the victims’ families fear that the prosecution’s continued delays will further stall their pursuit of justice stating that every adjournment is another day they are left without accountability.

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