The Milimani High Court, Criminal Division, presided over by Hon. Lady Justice Margaret Muigai, has today delivered directions in the ongoing case of the Republic vs. James Rono & Mohamed Baa & Others (Milimani H.C.C.R Case No. 074 of 2022), commonly known as the Baby Pendo case. The court addressed three key matters during the sitting: the grant of bail to four accused persons, the enforcement of warrants of arrest against the 11th accused person, and an application by victims’ counsel related to the same.
1. Court Grants Bail to Four Accused Persons
The court granted bail to four accused police officers in the case. Each accused person is required to deposit a cash bail of KES 1,000,000 and secure two sureties of KES 500,000 each.
The court also retained and emphasized several non-financial conditions, which had been issued in earlier rulings. These include:
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Prohibition from contacting or interfering with victims, witnesses, or any form of evidence;
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Prohibition from visiting the identified crime scenes in Kisumu;
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Requirement to remain within the jurisdiction of the court throughout the duration of the proceedings;
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Obligation to attend all court sessions without fail;
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Surrender of passports to the court;
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Mandatory quarterly reporting to the nearest office of the Independent Policing Oversight Authority (IPOA).
The court indicated that these conditions are necessary to ensure that the proceedings are not compromised and that the safety and participation of witnesses and victims are protected throughout the trial.
2. Court Discusses Status of the 11th Accused Person
The court also addressed the ongoing absence of the 11th accused person, Mr. Mohamed Baa, who has not appeared before the court since charges were preferred. Previous arrest warrants had been issued by the court beginning in 2022.
The National Police Service (NPS) has reported conducting two search operations at residences known to be associated with Mr. Baa. During the proceedings, the court clarified that the warrants of arrest against Mr. Baa are still active.
3. Application by Victims’ Counsel on Public Assistance in Enforcement
Following the court’s affirmation that the warrants remain in force, victims’ counsel made an application requesting that the court issue further directions to the National Police Service. Specifically, the counsel urged the court to direct NPS to enlist public assistance in the ongoing effort to locate and arrest Mr. Baa. This application was made in light of the extended period during which the warrants have been executed and growing concerns among victims regarding their safety and access to justice.
The victims’ application was supported by reference to existing court orders and the victims’ legal right to participate in proceedings free from fear or intimidation. The court noted the application and indicated that it would deliver a ruling on the matter on July 2, 2025.
4. Next Steps in the Case
The court has directed all parties involved in the case to prepare for pre-trial proceedings in line with standard criminal trial procedures. Pre-trial engagement is expected to cover matters such as scheduling, disclosure, witness protection measures, and case management.
The court further directed that the names of survivors and sensitive personal information be redacted from documents displayed on the Case Tracking System (CTS), in compliance with privacy and protection obligations under Kenyan law.
UTU WETU Trust remains committed to supporting the victims and survivors involved in this matter. As the case progresses, we will continue to walk alongside them, ensuring they are informed, heard, and able to participate in the judicial process through the appropriate legal and psychosocial support frameworks provided under the law