The Judiciary has addressed the alleged delayed resolution of the Baby Samantha Pendo case.
In a statement issued on Saturday, Judiciary spokesperson Paul Ndemo emphasised the judiciary’s commitment to ensuring a fair and swift conclusion to the matter.
“We are alive to the sensitivities of this case and are committed to ensuring that this matter is heard fairly and concluded expeditiously. It is, however, important to clarify key facts about the progress of this matter,” he said.
Ndemo outlined the case's progress, which began as an inquest (Kisumu Inquest No. 6 of 2017) before the Chief Magistrate’s Court.
He noted that on February 14, 2019, Chief Magistrate BMA Omollo ruled that police officers were liable for Baby Pendo’s death, directing the Director of Public Prosecutions (DPP) to act accordingly.
Following the ruling, the DPP filed charges on October 26, 2022, against the accused persons in the High Court.
The charges included murder, rape and torture, as crimes against humanity under the International Crimes Act and the Rome Statute of the International Criminal Court.
However, before the suspects could enter a plea, they filed a constitutional petition in 2022 (Nairobi Constitutional Petition No. E. 499 of 2022) and an additional application in 2023 (Nairobi Miscellaneous Application No. E033 of 2023).
Ndemo said the petition raised complex legal issues, including the High Court’s jurisdiction over crimes under the Rome Statute and potential conflicts between the International Crimes Act and the Rome Statute.
The accused individuals also sought the empanelment of a larger bench to address these questions.
On January 18, 2024, Justice Kanyi Kimondo ruled dismissing the request for a larger bench.
On July 25, 2024, another ruling was made, dismissing the constitutional petition challenging the High Court’s jurisdiction.
Ndemo said the rulings cleared the way for plea-taking to proceed.
However, additional applications filed by the accused persons delayed the process further, pushing plea-taking to January 15, 2025.
He said due to the transfer of Justice Lilian Mutende to another court, the plea-taking was rescheduled again.
The case is now set to resume on January 29, 2025, with Justice Margaret Muigai presiding.
The Judiciary reassured the public that it remains dedicated to upholding the rule of law and expediting the resolution of the case.
“The Judiciary remains committed to upholding the rule of law and ensuring that this matter is heard and concluded expeditiously,” Ndemo said.
"The continued postponement of the case is unacceptable and a blatant violation of human rights, he said.
“I wish to appeal to the Chief Justice of the Republic
of Kenya, Justice Martha Koome, to take up this matter and ensure the case
progresses with the speed it deserves,” Nyong’o said.
