Four police officers facing trial for the horrific 2017 killing of baby Samantha Pendo have been ordered by the High Court not to enter areas where the violence occurred.
Justice Margrate Muigai on Monday instructed police bosses John Chengo Masha, Linah Kosgey, Cyprine Robi Wankio, and James Rono — all of whom have denied various charges including murder, torture, and rape — not to set foot in the Nyalenda, Nyawita, Obunga, Nyamasaria, and Kondele areas of Kisumu pending a pre-bail report expected to be tabled in court in a fortnight.
The judge issued the orders after over 60 victims’ advocates from the International Justice Mission, Amnesty International, the Law Society of Kenya (LSK), Utu Wetu, and the Kenya Human Rights Commission raised concerns about the safety and security of the victims, who are said to be key witnesses in the murder trial.
The rights groups noted that the Director of Public Prosecutions (DPP), while charging the officers last week, revealed victims’ names and areas of residence in the charge sheet.
The victims contended that the actions by the DPP to make their details public put their safety at risk and sought to have them protected.
Consequently, Justice Muigai directed the Office of the Director of Public Prosecutions to remove the survivors’ names from the charge sheet.
She further ordered that the charge sheet, which had been uploaded to the court’s CTS portal, be taken down immediately.
The DPP has been given 14 days to amend the charge sheet by retracting the names of the victims who were raped and tortured during the post-election violence by the four bosses’ junior officers.
The court also ordered the officers to present themselves before the Director of Probation, Benard Mutisya, for interviews ahead of filing a pre-bail report.
The officers were also warned against committing any other offences before the next mention date.
The court also extended the Sh200,000 personal bond terms granted to them.
The case will be mentioned again on 28 May.
By Nancy Gitonga
