Baby Pendo./FILE
The Milimani High Court has ordered the trial over the killing of Baby Samantha Pendo during the 2017 post-election violence to be moved from Nairobi to the Kisumu High Court.
Justice Margaret Muigai ruled that the transfer would serve the interests of justice, noting that most witnesses and parties are based in Kisumu.
She said hearing the case in Kisumu would ease attendance for witnesses, lower costs, and allow the court to visit the crime scene if necessary.
The Office of the Director of Public Prosecutions and the Independent Policing Oversight Authority had applied for the transfer.
They told the court that 80 witnesses are expected to testify, arguing the move would improve efficiency and protect public interest.
Justice Muigai agreed, emphasising that the State has a duty to protect victims and witnesses while safeguarding the rights of the accused under Article 50 of the Constitution.
The accused opposed the transfer, citing security fears and possible media influence.
The judge dismissed these concerns, saying the political climate has shifted since 2017 and that adequate security measures can be provided.
She directed the National Police Service to maintain law and order before, during and after the trial, and to provide transport and security for the accused whenever required in court.
The court also ordered a senior officer from the Inspector General’s office to file a status report on efforts to arrest the 11th accused, Mohammed Baa, who remains at large.
The case, which began in 2022, stems from the death of six-month-old Baby Pendo in Kisumu during the 2017 post-election violence — a killing that shocked the nation and raised questions over police accountability in times of political unrest.
