High Court Orders Arrest of Senior Officer Mohammed Baa in 2017 Baby Pendo Murder as 11 Others Face Crimes Against Humanity Charges
The trial, if successfully concluded, could set a precedent for the prosecution of crimes against humanity within Kenya’s borders, offering a glimmer of hope for victims of police brutality and their families
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The High Court of Kenya has directed the Inspector General of Police, Douglas Kanja, to arrest senior police officer Mohammed Baa, one of the key suspects in the brutal murder of Baby Samantha Pendo during the 2017 post-election violence. The order was issued by Lady Justice Lilian Mutende, who reiterated that the warrant of arrest against Baa, previously issued, must be executed without delay.
“The Inspector General of Police is hereby directed to execute the warrant of arrest against the suspect as earlier issued by the court,” stated Justice Mutende, adding that Baa and the other 11 accused officers must appear before the court on November 5, 2024, for plea taking.
Baa, alongside 11 other police officers, faces multiple charges related to crimes against humanity. These charges include murder, torture, and rape, all of which occurred during the violent crackdown in Kisumu following the disputed 2017 general election. The officers allegedly bear responsibility for various acts of brutality, culminating in the death of six-month-old Baby Pendo, a tragedy that has become emblematic of the post-election chaos.
The other accused officers are Titus Yoma, Titus Mutune, John Chengo, Linah Kogey, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robe, Josphat Sensira, Mohammed Ali Guyo, and James Rono. Mohammed Baa, however, has remained at large since the case began, further delaying justice for the victims.
During today’s court session, the Office of the Director of Public Prosecutions (ODPP) requested a deferment of the plea, citing the absence of the suspects, including Baa, who is yet to be apprehended. The ODPP requested additional time for law enforcement to execute the warrants of arrest, especially against Baa, who has evaded arrest for several months.
The officers face a total of 47 counts of crimes against humanity, ranging from murder to torture and rape. These crimes are alleged to have been committed in Kisumu during the widespread unrest that followed the 2017 elections, marking one of the darkest chapters in Kenya’s electoral history.
While the death of Baby Pendo is at the heart of the case, the trial also highlights a broader pattern of systemic abuse and misconduct by Kenya’s police force during periods of political instability. The case represents a significant test for the Kenyan judiciary, as it seeks to hold high-ranking officers accountable for crimes against humanity—a responsibility that many believe should be handled by the International Criminal Court (ICC).
The accused officers had previously challenged their prosecution in Kenyan courts, arguing that Kenya does not have jurisdiction over crimes against humanity, which they claimed should be reserved for the ICC. However, this argument was rejected, allowing the case to proceed within Kenya’s legal system.
Justice Mutende’s ruling underscores the importance of accountability within Kenya’s police force, which has long been plagued by allegations of brutality, especially during election-related violence. The Baby Pendo case, in particular, has come to symbolize the need for police reforms and has intensified calls for the government to address systemic human rights violations.
Human rights advocates, including those involved in the Baby Pendo case, argue that this trial is a landmark moment in the fight for justice. “This is not just about Baby Pendo’s tragic death; it’s about holding the police accountable for widespread human rights abuses,” said a representative from the Kenya Human Rights Commission.
The trial, if successfully concluded, could set a precedent for the prosecution of crimes against humanity within Kenya’s borders, offering a glimmer of hope for victims of police brutality and their families. It also shines a spotlight on the urgent need for reform within Kenya’s police force to prevent future abuses during politically volatile periods.
With the November 5, 2024, hearing approaching, all eyes are now on law enforcement to ensure that Baa and his co-accused are brought to justice, a development that many believe could finally offer some semblance of closure to the families affected by the violence.
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