Rights groups welcome moving of Baby Pendo’s case to Kisumu, push for speady prosecution
A section of human rights organisations have welcomed the move by the High Court in Naitobi to transfer the Baby Pendo case to the High Court in Kisumu, but termed it a partial step towards accountability.
In a statement released Friday, Amnesty International Kenya, Utu Wetu Trust and the International Justice Mission, alongside affected families, welcomed the ruling of the High Court in Nairobi .
“The court recognised 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 like crime scene visits,” they said.
They said the case has dragged on for years, jumping between judges, a tactic seen by the survivors as aimed at derailing justice.
“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,” they explained.
They added that 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,” they pointed out.
They added that the National Police Service’s failure to effectively execute a lawful warrant further undermines both the credibility of the process and survivors’ trust in state protection.
“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 prevent further procedural delays,” they urged.
They noted that survivors and families have carried this burden for years and cannot wait any longer.
“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,” they said.
