Twelve police commanders believed to bear responsibility for the killing of Baby Samantha Pendo during the 2017 post-election violence in Kisumu are set to be charged with her murder today. The Office of the Director of Public Prosecutions (ODPP) approved the murder charges in October 2022 following investigations by the Independent Policing Oversight Authority (IPOA). A magistrate’s inquest had earlier ruled that the suspects have a case to answer.
The accused include Titus Yoma, Titus Mutune, John Chengo, Linah Kogey, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robi, Josphat Sensira, Mohammed Ali Guyo, Mohammed Baa, and James Rono. They face 47 charges related to crimes against humanity, including murder, torture, and rape, stemming from the post-election violence.
Baby Pendo, who died after allegedly being struck by a blunt object when anti-riot police chased protesters into her family’s compound, has become a symbol of the victims of the 2017 violence. The police commanders are accused of bearing responsibility for the actions of their subordinates.
Although the suspects initially challenged the charges, Justice Kanyi Kimondo ruled in July 2024 that they were properly arraigned and must answer the charges. He ordered the accused to appear in court today, October 3, for plea-taking. One suspect, Mohammed Baa, remains at large, and a warrant of arrest has been issued against him.
In a separate case, the Sh588 million graft trial involving former Kiambu Governor Ferdinand Waititu is scheduled for mention today. The court will confirm if all parties have submitted their filings ahead of issuing a judgment date. Waititu, who has maintained that the charges were politically motivated, is on trial alongside his wife Susan Wangari, former County Chief Officer for Roads Luka Mwangi, and Testimony Enterprises Ltd director Charles Chege and his wife Beth Wangeci.
Tender committee members Zacharia Mbugua, Joyce Ngina, Simon Kang’ethe, Anslem Wanjiku, and Samuel Muigai, initially part of the group being tried alongside former Kiambu Governor Ferdinand Waititu, were cleared of charges after challenging their prosecution in the High Court. Justice Esther Maina ruled that the charges and proceedings against them were unconstitutional and an abuse of the legal process. They had been accused of failing to comply with procurement laws, but the High Court’s decision gave them a reprieve.
Meanwhile, the trial against Waititu, his wife Susan Wangari, former Chief Officer for Roads Luka Mwangi, and the directors of Testimony Enterprises proceeded to full trial. The prosecution presented 32 witnesses in the case, and Trial Magistrate Thomas Nzyoki ruled that they had a case to answer, placing them on their defense.
Waititu and his wife are accused of receiving Sh51 million through their companies, Saika Two Estate Developers Ltd and Benvenue Delta Hotel, allegedly involving a conflict of interest and dealing with suspect property. The charge sheet states that the money was paid to them by Testimony Enterprises.
In his defense, Waititu claimed the money was payment for land he sold to Testimony Enterprises’ director Charles Chege. He presented a power of attorney dated April 2018, indicating that the landowner had authorized its sale to him. However, the prosecution challenged Waititu’s defense, arguing that he sold the land on January 3, 2018, before acquiring the power of attorney. This discrepancy has become a point of contention in the ongoing trial.
