NAIROBI, Kenya, Jan 30 – The High Court has granted the Director of Public Prosecutions (DPP) 30 days to review charges in the Baby Pendo murder case, citing challenges in tracing a key suspect.
Lady Justice Margaret Muigai, in her ruling on Thursday, allowed the prosecution more time to amend the charges following the continued disappearance of Mohammed Baa, a police officer who is the main suspect in the case.
Muigai directed the Inspector General of Police or a senior police officer to update the court on efforts to locate Baa, whose whereabouts remain unknown despite an extended warrant of arrest against him.
“The court also directed the prosecution to pursue amendments to the charges and consider withdrawing charges against Baa if he is not apprehended,” the Office of the Director of Public Prosecutions (ODPP) said in a statement.
Baa, alongside 11 other officers—Titus Yoma, Titus Mutune, John Chengo, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robe, Josphat Sensira, Mohammed Ali Guyo, and James Rono—faces charges related to the killing of Baby Pendo during the 2017 post-election violence.
The suspects are set to be prosecuted under the International Crimes Act (2008), with the charges based on the international legal principle of superior responsibility.
The ruling comes amid mounting criticism of the DPP for failing to prosecute the senior officers accused in the case.
The victim’s lawyer, Willis Otieno, told Justice Muigai that seven years had passed since Baby Pendo was killed, arguing that justice remained unserved. He noted that two judges—Justice Kanyi Kimondo and Lady Justice Lilian Mutende—had previously ruled that the officers should face criminal charges.
Otieno dismissed the DPP’s argument that Baa’s absence was hindering the prosecution, insisting that the remaining ten officers should be charged immediately. He further argued that if Baa were eventually arrested, the charge sheet could be amended accordingly.
“The dignity of the victim has been denied, and justice remains elusive,” Otieno told the court, opposing the DPP’s request for an adjournment, which he termed as unmerited.
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