Nairobi, 26 September 2025: Victims’ families, Amnesty International Kenya, Utu Wetu Trust, and the International Justice Mission welcome the ruling of the High Court in Nairobi to transfer the Baby Pendo case to the High Court in Kisumu.
The Court recognized that the victims, survivors, and most witnesses are based in Kisumu where the killing of Baby Samantha Pendo, torture and rape against other victims took place, making it the proper venue for the trial. Holding the trial in Kisumu eases access for survivors and witnesses, and enables timely processes such as crime scene visits. While the venue change removes one hurdle, the bigger issue remains.
Three years since filing, the case has yet to reach trial. Instead of progressing, the case has bounced between judges while several defence applications have triggered repeated delays. Survivors see this as a tactic to derail justice, reinforced by the DPP’s May 2025 decision to drop charges against eight of the twelve officers and ten more defence filings that stalled even basic steps like plea taking.
The transfer of the case to Kisumu is, therefore, only a partial step towards accountability. Unless the Judiciary now takes firm control of the timetable and resists further attempts to stall, survivors will continue to wait without answers, and the right to justice within a reasonable time will remain unfulfilled.
We remain deeply concerned that the arrest warrant for Officer Mohamed Baa has not been enforced. He has evaded the court for nearly three years, leaving survivors feeling unsafe. The Court’s refusal to allow public display of his photo is a missed opportunity. The National Police Service’s failure to effectively execute a lawful warrant undermines both the credibility of the process and the trust of survivors in state protection.
Justice for Baby Pendo and other victims of the 2017 violence demands urgent action. The National Police Service must enforce the arrest warrant for Mohamed Baa and bring him to court. The Judiciary must set clear trial timelines, and the Office of the Director of Public Prosecutions must prevent further procedural delays.
As the trial moves to Kisumu, the Judiciary, Office of the Director of Public Prosecutions, Independent Policing Oversight Authority, and Witness Protection Agency must ensure victims and witnesses can participate safely and freely, with adequate protection.
The killing, rape, and torture of Baby Pendo and other civilians by police officers is not in doubt. The real question in the public interest is whether Kenya’s justice institutions will hold those responsible to account. Survivors and families have carried this burden for years and cannot wait any longer.
Justice MUST move from paper to action.
Signed:
| Irungu Houghton Amnesty International Section Director | Vincent Chahale, International Justice Mission Kenya Country Director | Christine Alai Co-founder- Utu Wetu Trust |
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