Nairobi — The High Court on Thursday issued an arrest warrant for Mohammed Baa, a senior police officer implicated in the killing of Baby Samantha Pendo during the 2017 post-election violence in Kisumu's Nyalenda Slums.
The Office of the Director of Public Prosecutions (ODPP) stated that Baa, along with several other officers, faces charges of crimes against humanity linked to the violent police crackdown following the 2017 elections.
Baa, along with 11 other senior officers--Titus Yoma, Titus Mutune, John Chengo, Linah Kogey, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robe, Josphat Sensira, Mohammed Ali Guyo, and James Rono--has been charged under the International Crimes Act of 2008.
"The charges were instituted under the International Crimes Act, 2008 considering the role played by each of the suspects on the basis of the international law principle of superior responsibility," ODPP said.
Lady Justice Lilian Mutende ordered Inspector General of Police Douglas Kanja to execute the warrants and ensure Baa is apprehended and brought before the court to take a plea.
The ODPP noted that Baa has repeatedly failed to appear in court, despite warrants being issued for his arrest.
During Thursday's mention of the case, Senior Assistant Director of Public Prosecutions Vincent Monda conveyed instructions from Director of Public Prosecutions Renson Ingonga, stating that all accused persons must be present before pleas can be taken.
Monda argued that proceeding without Baa would undermine the interests of justice.
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"The DPP has directed that we inform this honourable court that all suspects must be present before the plea can be taken. The DPP intends to make an opening statement outlining the role each of each accused person in the commission of the said offences," Monda submitted.
The DPP highlighted the significance of the case, noting that it marks the first time the State is prosecuting individuals under the International Crimes Act, based on the principle of superior responsibility.
He stressed the need for proper handling of the case from the outset.
The prosecution team Is led by Monda and includes Senior Assistant Directors of Public Prosecutions Mark Barasa and Jalson Makori, Assistant Director of Public Prosecutions Gichuhi Gikui, Senior Principal Prosecution Counsel Christine Kathambi, Principal Prosecution Counsel Victor Owiti, and Prosecution Counsel Becky Arunga.
The court has set a fresh plea date for November 5, 2024, by which time Baa is expected to be produced in court in compliance with the arrest warrants.
