The highly anticipated plea-taking for police commanders implicated in the Baby Pendo murder case has once again been postponed. For the fifth time, the prosecution has failed to proceed, citing the need for additional time to review and amend the charges. This delay has sparked frustration among victims’ lawyers, who argue that justice is being continuously denied.
The suspects, initially arraigned in October 2022, have yet to enter pleas to the charges. They face 47 counts of crimes against humanity, including murder, torture, and rape, under the International Crimes Act. State prosecutor Mark Baraza requested 45 more days from Justice Margaret Muigai to amend the charges before proceeding with plea-taking.
A major sticking point in the case has been the absence of the eleventh suspect, Mohamed Baa, whom authorities believe has fled to Somalia. Given that Somalia is not a member of the Rome Statute, extradition has become a challenge. The National Police Service stated that international cooperation is necessary to secure his arrest.
The prosecution has insisted that because the suspects are being charged jointly and severally, the plea-taking process requires all accused persons to be present. However, lawyers representing the victims, led by Willis Otieno and Edward Mbanya, strongly opposed the prosecution’s application for further delays.
“It is imperative to note that this is the fourth time we are appearing for plea-taking only for the DPP to seek adjournment. Any further delay not only denies justice but causes even more trauma to victims,” Mbanya asserted. Otieno emphasized that the charges could have been amended earlier and insisted that plea-taking should proceed even in Baa’s absence.
The legal battles surrounding this case have persisted for years. Initially, the suspects challenged their prosecution, but in July 2023, Justice Kanyi Kimondo ruled that the High Court had jurisdiction over the case and ordered them to take a plea on October 3, 2024. However, multiple postponements followed due to Baa’s absence and other procedural hurdles, including the illness of one suspect and the transfer of Justice Lillian Mutende, who was originally handling the case.
With the latest adjournment, all eyes are now on Justice Muigai, who is set to issue directions on how the case will proceed on Thursday, January 30, 2025. The repeated delays have drawn criticism from legal experts and human rights advocates, who argue that justice delayed is justice denied. As the case drags on, victims and their families continue to await justice for Baby Pendo.
