Baby Pendo case transferred to High Court in Kisumu

Baby Samantha pendo who was killed during the 2017 protests/ PHOTO/ X

The Milimani High Court has ordered the transfer of the Baby Samantha Pendo case from Nairobi to the Kisumu High Court, citing the need to ensure access to justice for all parties involved.

The matter, which commenced in 2022, is expected to have over 80 witnesses testify.

Delivering the ruling before Milimani high court,Justice Margaret Muigai noted that the case will be transferred where parties apply to court to allow efficient gathering of evidence, reduce costs and expedite the proceedings in the interest of justice and public interest.

"The transfer would enable witnesses to attend hearings and visit key sites closer to their residences, ensuring fairness and efficiency in the trial process," she added.

The Office of the Director of Public Prosecutions (ODPP) and the Independent Policing Oversight Authority (IPOA) had sought the transfer, arguing that most witnesses are based in Kisumu and that it would facilitate easier inspection of relevant sites.

"The court must balance the interests of all parties while upholding the rights of the accused, who are entitled to a fair hearing under Article 50 of the Constitution," Justice Muigai emphasized.

Some respondents opposed the transfer, citing concerns over their security and the potential influence of media reporting.

The court, however, assured that the National Police Service (NPS) would guarantee security for both witnesses and accused persons during transport and hearings, and maintain law and order at the court premises.

The ODPP, which has the mandate to control the progression of cases and ensure safety, confirmed that the production of the accused will comply with the Data Protection Act.

Following the ruling, the application to transfer the case to Kisumu was granted. The National police service will facilitate safe transport of the accused from Nairobi and ensure their protection before, during, and after the trial.

The court also directed that progress and status reports be availed by a senior officer of the Inspector General. The file is set to be issued before Justice Kimondo for further directions.

With the transfer, over 80 witnesses will now have the opportunity to testify in Kisumu, reducing logistical challenges and costs, and reinforcing the principle of fair trial for all involved.

Baby Samantha Pendo tragically lost her life during the post-election violence in 2017.

Her death sparked national outrage and highlighted the urgent need for accountability in cases involving the safety of children during periods of civil unrest.

The case revolves around alleged killings and human rights violations linked to the 2017 post-election violence.

Investigations revealed that several individuals were implicated in her death, prompting legal action to ensure that the perpetrators are held accountable.

Over the years, the case has involved numerous witnesses, including family members, neighbors, and law enforcement personnel, whose testimonies are critical to establishing the circumstances surrounding the tragedy.

The matter initially commenced in Nairobi courts but has faced challenges due to the large number of witnesses and the need for site inspections close to where the events occurred.

This has led authorities, including the ODPP and IPOA, to seek the transfer of the case to Kisumu, where most witnesses reside and the relevant locations are situated, to facilitate the efficient gathering of evidence and fair trial proceedings.