Baby Pendo/HANDOUTVictims’ families and human rights organisations have welcomed the High Court’s decision to transfer the Baby Pendo case from Nairobi to Kisumu.
The move aims to bring the trial closer to the victims, survivors, and most witnesses, who are based in Kisumu, where the killing of Baby Samantha Pendo and the torture and rape of other victims took place.
Amnesty International Kenya, Utu Wetu Trust, and the International Justice Mission said holding the trial in Kisumu will make it easier for survivors and witnesses to participate and will allow timely processes such as crime scene visits.
While the venue change removes one hurdle, human rights organisations noted that the case, filed three years ago, has yet to reach trial.
It has repeatedly bounced between judges, with several defence applications causing delays.
Survivors view these as tactics to stall justice, compounded by the Director of Public Prosecutions’ May 2025 decision to drop charges against eight of the twelve officers, and additional defence filings that stalled steps such as plea taking.
The groups emphasised that the transfer to Kisumu is only a partial step.
“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,” they said.
Concerns remain over Officer Mohamed Baa, who has evaded court for nearly three years. “The National Police Service’s failure to effectively execute a lawful warrant undermines both the credibility of the process and survivors’ trust in state protection,” the statement said.
The organisations called on the Judiciary, the Office of the Director of Public Prosecutions, the Independent Policing Oversight Authority, and the Witness Protection Agency to ensure that victims and witnesses can participate safely, 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. Justice MUST move from paper to action,” the statement concluded.
The Milimani High Court on September 22 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.
