NAIROBI, Kenya – The decision by the High Court in Nairobi to move the Baby Pendo case to the High Court in Kisumu has been praised by a number of Kenyan human rights organisations.
They include Victims’ families, Amnesty International Kenya, Utu Wetu Trust and the International Justice Mission.
The Court acknowledged that Kisumu, the scene of Baby Samantha Pendo’s murder, the torture, and the rape of other victims, was the appropriate location for the trial because it is home to the victims, survivors, and the majority of witnesses.
In a statement signed by Irungu Houghton (Amnesty International, Section Director), Vincent Chahale (International Justice Mission Kenya Country Director) and Christine Alai (Co-founder- Utu Wetu Trust), the lobby groups observed that having the trial in Kisumu facilitates quick procedures like crime scene visits and makes it easier for witnesses and survivors to get there.
“The larger problem still exists even though the venue change eliminates one obstacle. The case has not yet gone to trial three years after it was filed,” the statement reads in part.
Why Baby Pendo’s case has faced numerous delays
News9.Africa understands that several defence applications have caused numerous delays, and the case has instead stalled back and forth between judges.
“Survivors perceive this as a strategy to thwart justice, which is supported by the DPP’s decision in May 2025 to drop charges against eight of the twelve officers and ten further defence filings that prevented even the most basic actions, such as entering a plea,” the statement reads.
According to the activists, the fact that Officer Mohamed Baa’s arrest warrant has not been carried out continues to worry them greatly.
They observed that for almost three years, Mohamed has avoided going to court, making survivors feel scared.
“The Court lost out on an opportunity when it refused to let his photo to be displayed in public. The legitimacy of the procedure and survivors’ faith in state protection are both damaged when the National Police Service fails to properly carry out a valid warrant,” reads the statement further.
How Baby Pendo and other victims can get justice
The group said that urgent action is required to bring justice to Baby Pendo and other victims of the 2017 atrocities.
“Mohamed Baa’s arrest warrant must be carried out by the National Police Service, and he must appear in court. Clear trial schedules must be established by the judiciary, and additional procedural delays must be avoided by the Office of the Director of Public Prosecutions,” they further said.
In the statement seen by News9.Africa, the group reiterated that the Judiciary, Office of the Director of Public Prosecutions, Independent Policing Oversight Authority, and Witness Protection Agency must guarantee that victims and witnesses can take part in the trial in Kisumu in a free and safe manner while receiving sufficient protection.
“There is no question that police officers killed, raped, and tortured Baby Pendo and other citizens. In the public interest, the true question is whether Kenya’s legal system will hold people accountable,” explained the activists.
How the human rights violations happened
They further lamented that families and survivors have been bearing this load for years and are at their breaking point adding that justice must be put into practice.
Baby Pendo died in 2017 from police-related injuries in Kisumu; officers charged. Chris Msando was tortured and killed in 2017; investigation unresolved.
River Yala had ~19-40 bodies found ~2022, some possibly extrajudicial, but not 1300. No verified 800 killings in Kondele or 700 in Nairobi; reports show dozens in 2017 post-election violence.
Incidents occurred during retired president Uhuru Kenyatta’s presidency (2013-2022), but no evidence of his direct instructions.
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