The journey to justice in the tragic case of Baby Samantha Pendo, a six-month-old killed during post-election violence in Kisumu, continues to encounter obstacles, seven years after the harrowing event. Despite clear directives, multiple adjournments have prevented the trial from proceeding, primarily due to the absence of key suspects, among them Mohammed Baa, who has allegedly evaded arrest despite sightings in various locations across Nairobi and Wajir.
The case, which seeks accountability for the brutal police crackdown following Kenya’s disputed 2017 elections, involves twelve former and serving police officers who face charges of crimes against humanity. They stand accused of murder, torture, and rape atrocities that took place during the violent aftermath of the election. For Baby Pendo’s family and other victims, however, these years of delays have amounted to a painful waiting game in a judicial process that seems constantly on pause.
A Frustrating Delay for Victims
When the trial came up for a hearing before Justice Lillian Mutende, victims’ families and their lawyers hoped to finally see progress in a case marred by continuous deferrals. Yet, yet again, the court was unable to proceed as scheduled. The absence of Baa and another suspect prompted Senior Assistant Director of Public Prosecutions Vincent Monda to seek an adjournment, arguing that the plea must be taken collectively, with all suspects present due to the interconnected nature of the charges.
This motion was fiercely opposed by victims’ counsel Willis Otieno, who contended that justice was being systematically delayed, causing undue distress to victims who had been holding out for closure since 2017. “At this rate, it may be practically impossible for the case to start if the requirement is that all suspects must be present in court to take plea together,” Otieno remarked. He urged the court to allow those present to plead, arguing that the absence of Baa, who has eluded authorities despite multiple arrest warrants, should not hinder the trial’s commencement.
The Elusive Mohammed Baa
Baa’s absence remains a particular point of frustration for the victims and their advocates. Otieno noted that the suspect has been seen frequently in Nairobi’s South C neighborhood and is known to travel between Nairobi, Wajir, and occasionally Somalia. Yet, despite these sightings and his known movements, he has managed to evade arrest, raising concerns about the seriousness of state efforts to ensure justice for Baby Pendo’s family and other victims of the 2017 violence.
Otieno accused the state of complicity in stalling the case, arguing that the police’s failure to arrest Baa signaled a lack of commitment to pursuing justice against figures with significant influence and authority. “The state cannot fail to arrest him if they want to,” he asserted, citing concerns that Baa’s position and former role as a police boss may have allowed him to leverage his influence to avoid prosecution.
A Test of Judicial Integrity and Accountability
In a case involving prominent police figures, questions about the integrity of the process inevitably arise. Among the twelve officers implicated are Titus Yoma, Titus Mutune, John Chengo, Linah Kogey, and James Rono, all of whom were previously arraigned in October 2022. However, the plea-taking has been repeatedly delayed as the suspects mounted legal challenges to their prosecution. Although Justice Kanyi Kimondo dismissed these objections in July 2024, directing the suspects to appear in court, the procedural delays have continued.
Monda, representing the DPP, defended the decision to defer plea-taking, arguing that all suspects must be present given the case’s complex nature. However, lawyers representing victims, including Betty Wambua of the International Justice Mission, countered that criminal culpability is an individual matter, and those present should proceed to plea. “This case has dragged since 2017, and some victims have since died. We are at risk of witness fatigue and memory loss,” Wambua warned.
The Kenya National Commission on Human Rights, represented by lawyer Victor Kamau, added weight to the victims’ plea for justice, suggesting that the Inspector General of Police be summoned to explain Baa’s absence. Kamau emphasized the need for accountability and transparency, pointing out that ongoing delays were undermining the credibility of the justice system and deepening the anguish for affected families.
The Broader Implications of Justice Delayed
The Baby Pendo case has not only highlighted systemic challenges within Kenya’s justice system but also underscored the ongoing plight of families affected by police violence. The case’s extensive delays have become emblematic of the obstacles facing victims seeking justice for state-perpetrated atrocities. The longer these delays persist, the more challenging it becomes for witnesses to recall critical details, and the risk of witnesses passing away increases. As Wambua noted, several victims have already died in the years since 2017, adding a tragic dimension to the quest for justice that may remain unresolved for some.
The repeated adjournments are also affecting public confidence in Kenya’s judiciary. The fact that influential suspects like Baa continue to evade arrest fuels perceptions that Kenya’s legal system may be unable or unwilling to hold powerful individuals accountable. The state’s inability or unwillingness to apprehend Baa, despite multiple sightings and arrest warrants, has fueled a sense of frustration and betrayal among victims’ families, who fear that justice may never be served.
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