The Judiciary has addressed the public concerns surrounding the delayed resolution of the Baby Samantha Pendo case, assuring the public that it is committed to a fair and timely conclusion. In a statement released on Saturday, Judiciary spokesperson Paul Ndemo provided an update on the progress of the case and explained the reasons behind the delays.
The case, which originally started as an inquest (Kisumu Inquest No. 6 of 2017) before the Chief Magistrate’s Court, gained significant attention after Chief Magistrate BMA Omollo ruled in February 2019 that police officers were liable for Baby Pendo’s death. This ruling prompted the Director of Public Prosecutions (DPP) to file charges against the accused individuals in the High Court on October 26, 2022, for crimes including murder, rape, and torture, which were categorized as crimes against humanity under the International Crimes Act and the Rome Statute of the International Criminal Court.
However, before the accused could be arraigned, they filed a constitutional petition in 2022 (Nairobi Constitutional Petition No. E. 499 of 2022), challenging the jurisdiction of the High Court to hear the case, and raised complex legal issues regarding the relationship between the International Crimes Act and the Rome Statute. In 2023, the accused individuals filed another application (Nairobi Miscellaneous Application No. E033 of 2023) requesting the empanelment of a larger bench to address these questions.
On January 18, 2024, Justice Kanyi Kimondo dismissed the request for a larger bench, and on July 25, 2024, another ruling dismissed the constitutional petition challenging the High Court’s jurisdiction. These decisions allowed the case to progress, but further applications by the accused parties delayed the plea-taking process.
Originally scheduled for January 15, 2025, plea-taking was postponed due to the transfer of Justice Lilian Mutende to another court. The case is now set to resume on January 29, 2025, with Justice Margaret Muigai presiding.
Ndemo reiterated that despite these setbacks, the Judiciary remains dedicated to ensuring a fair and swift resolution of the case. He assured the public that the Judiciary would uphold the rule of law while ensuring that justice for Baby Pendo is achieved.
Kisumu Governor Anyang’ Nyong’o has called for the expedited resolution of the case, decrying the continuous postponements as a violation of human rights. Nyong’o appealed to Chief Justice Martha Koome to intervene and ensure the case progresses with the urgency it deserves.
