High Court judge Justice Margaret Muigai has given the Director of Public Prosecutions (DPP) 30 days to ensure all reasonable steps have been taken to trace and apprehend one of the police officers, Mohammed Baa, to answer charges over the murder of Baby Pendo.

While delivering the ruling, she ordered a for a final report with respect to Baa by the Inspector General of police or any other senior representative in the National Police Service.

The DPP will also use the same time given to amend the charges or information in consultation with IPOA or any other relevant institutions as was alluded to during the hearing.

The judge further directed that the DPP consider withdrawing the charges against Baa if all the efforts to trace him are futile as the matter cannot remain in court infinitely.

This follows a revelation by DPP Renson Ingonga that one of the suspects Mohamed Baa Amin, a retired assistant Superintendent of police has disappeared without a trace.

State Prosecutors Mark Barasa and Gikui Gichuhi informed Justice Margaret Muigai on January 29, that efforts to trace Baa at his home in Madaga Village Korwa Sub-location in Wajir County have been futile.

Through Chief Inspector of Police Peter Kanani, they submitted that it is feared Baa has crossed the border to Somalia. Justice Muigai heard that Baa retired from the National Police Service in July 2021 and efforts to trace him are fruitless.

Barasa urged the court to grant the DPP’s office time to liaise with international security organisations to trace the suspect with a view to repatriating him to face justice.

“The government will seek assistance from the relevant international organisations to assist it bringing to book Amin to be prosecuted alongside the other 11 senior police officers in the dock,” he told the court.

Police brutality

Willis Otieno representing a lobby group Utu Wetu for the victims prayed the court to issue an order they be supplied with photos of Mohammed Baa to enable the victims to pursue a civilian approach to enhance his apprehension

Other former senior officers expected to take a plea over the case include former Kisumu county police commander Titus Yoma, Nyanza regional commander for the General Service Unit (GSU) Christopher Mutune and John Masha who was the Kisumu Central Administration police service (AP) commander.

Others are Linah Kogey who was in charge of the Nyalenda police post, and Inspectors of police Benjamin Koima and Benjamin Lorema who were alternately in charge of a GSU platoon deployed at the Kachok Roundabout among others.

Together with six others who were leading the operation, they faced charges of failing to use their authority to restrain their officers.

Baby Pendo’s mother was fleeing her teargassed house and police brutality when the child was brutally injured allegedly by the police.

Dozens of residents of Nyalenda slums were extensively tortured and women gang-raped allegedly by the police officers during the operation to suppress protests by opposition supporters.