Utu Wetu Trust appeared before the Kisumu High Court on 28 September 2026 alongside other lawyers representing victims in the Baby Pendo matters. Senior Counsel Paul Muite appeared as Lead Victims’ Counsel, alongside Utu Wetu Trust counsel Willis Otieno and Dr. Owiso Owiso, as well as representatives from Amnesty International, the International Justice Mission, the Kenya National Commission on Human Rights, the Law Society of Kenya, and the Independent Medico-Legal Unit, among others.
CONSTITUTIONAL PETITION | KISUMU H.C. CONSTITUTIONAL PETITION NO. E011 OF 2026
In Lenser Achieng, the mother of Baby Samantha Pendo (deceased) & 49 Others v Director of Public Prosecutions; Benjamin Kipkoskei Koima & 12 Others (Interested Parties), the Court considered the status of responses to the petition and to the application dated 12 April 2026 seeking the empanelment of a three-judge bench. The Court heard that only three of the seven interested parties had filed responses to the empanelment application. The respondents indicated that they did not oppose the application, while some interested parties opposed it and others sought additional time to file their responses. The Court granted interested parties who had not yet filed their responses 14 days to file and serve them. The petitioners will thereafter have 14 days from receipt of the final response to file and serve a further affidavit. The Court emphasized that these timelines are not subject to extension.
The matter will come up for further directions on 23 November 2026 at 2:30 p.m.
CRIMINAL CASE | KISUMU H.C. CRIMINAL CASE NO. E032 OF 2025
In the related criminal case, Republic v. John Chengo Masha and Linah Kogey & 2 Others, the victims’ legal team raised two outstanding issues before the Court.
First, Senior Counsel Paul Muite noted that an earlier court direction requiring the removal of Annexure JCM 1 from the court’s case tracking system had not been complied with. The Court directed the Deputy Registrar to ensure that the order issued on 15 July 2026 is served on the Registrar Automation and complied with within seven days, with confirmation of compliance to be provided to the Court before the next mention date.
Second, the victims’ legal team raised the issue of the full statement of the 3rd accused person, which had not been served on the victims’ counsel. The prosecution acknowledged that the complete statement had not been re-served and attributed the failure to an oversight. The Court directed that the complete statement of the 3rd accused person be re-served to all parties within seven days.
The criminal matter will also come up for mention on 23 November 2026 at 2:30 p.m.
Utu Wetu Trust remains committed to supporting victims and their families in the pursuit of justice, accountability, and effective access to justice.