The Nairobi High Court has directed Inspector General of Police Douglas Kanja to arrest senior police officer Mohammed Baa, who has been implicated in the brutal 2017 killing of six-month-old Baby Samantha Pendo during post-election violence. Baa has been missing since a warrant for his arrest was issued, and he has yet to appear in court alongside 11 other officers facing charges related to the case.
Justice Lilian Mutende emphasized that the warrant against Baa must be enforced and ordered the Inspector General to ensure his arrest. The other 11 officers are also expected to appear in court on November 5, 2024, for plea-taking.
“The Inspector General of Police is hereby directed to execute the warrant of arrest against the suspect as earlier issued by the Court,” ruled Justice Mutende.
Baa, along with his co-accused, faces charges related to crimes against humanity, including torture, rape, and the murder of Baby Pendo. The officers implicated are Titus Yoma, Titus Mutune, John Chengo, Linah Kogey, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robe, Josphat Sensira, Mohammed Ali Guyo, and James Rono. Baa, who remains at large, is among those expected to answer for the atrocities.
The case stems from the violent crackdown during the 2017 post-election chaos in Kisumu, which resulted in Baby Pendo’s death. The 11 officers face a total of 47 counts of crimes against humanity, including murder, torture, and rape, all committed during the unrest.
Today, the Office of the Director of Public Prosecutions (ODPP) applied to have the plea-taking postponed to allow more time for police to apprehend the missing suspects, including Baa.
The officers had earlier contested their prosecution in a Kenyan court, arguing that Kenya lacks jurisdiction to try crimes against humanity, which they claimed should be handled by the International Criminal Court (ICC). However, the Kenyan judicial process has continued, with significant implications for police reforms and human rights accountability in the country.
This case represents a pivotal moment in the ongoing fight against police brutality in Kenya and the broader push for justice for victims of state violence during politically volatile times.
