Officers linked to Baby Pendo’s death to take plea on Monday

The trial of 12 police bosses, including a commissioner linked to the death of Samantha Pendo, also known as Baby Pendo in 2017 in Kisumu will commence on Monday next week, the High Court ordered yesterday.

Justice Daniel Ogembo directed the officers to appear before him on November 21 to answer to various murder charges filed against them by the Director of Public Prosecutions Noordin Haji over the killing of Pendo and other victims.

The judge issued the order after the three of the officers namely Linah Kogey (Inspector and Post Commander, Nyalenda), Mohamed Guyo (Chief Inspector) and Mohamed Baa Amin (Station Commander, Kondele) failed to appear in court for a plea taking scheduled for yesterday.

The judge ordered the nine officers who were present in court to be released on a personal bond of Sh200,000 each with an undertaking they will appear in court for plea taking on Monday.

The nine who were present in court include Titus Yoma (former Commissioner of Police and Retired County Commander), John Masha (GSU Inspector and platoon commander),Benjamin Koima (Retired AP Senior Superintendent), James Rono (Chief Inspector), Mohamed Guyo (Chief Inspector), Benjamin Loreman (Kenya Prisons Service), Volker Edambo (Inspector in charge of Crime Kisii) and Cyprine Wankio (Chief Inspector).

No prejudice suffered

The orders were issued after the judge dismissed their officers’ application that the plea taking in the matter be deferred for two months to allow the determination of a constitutional petition they have filed challenging their prosecution.

“No prejudice will be suffered by the suspects if plea is taken at this stage as they pursue the constitutional matter in other courts. I note this matter has been in court for the last five years. In balancing the constitutional right of the suspects and those of the victims it is proper and fair to take plea. I hereby direct the suspects to appear in court on Monday, November 21 for plea taking,” Justice Ogemba ruled.

The court concurred with the DPP that there is no order or stay from the High Court or any other superior court barring the suspects from taking plea.

The DPP  and the victims’ lawyers led by Willis Otieno vehemently opposed the request by officers to postpone the plea taking.