The Directorate of Public Prosecution (DPP) has moved to court seeking the transfer of the criminal case of Baby Samantha Pendo from the Milimani High Court to the Kisumu High Court.
In the criminal case, four police officers, John Chengo Masha, Lina Kosgey, Cyprine Robi Wankio and James Rono were on May 5, 2025, charged with different charges, including that of murder and torture.
The four were arraigned at the Milimani High Court before Lady Justice Margaret Muigai, where they denied the charges and a plea of not guilty was entered by the court.
In the notice of motion dated June 30, 2025, the DPP Principal Prosecution Counsel Victor Owiti states that they alternatively seek orders to have the hearing and determination of the matter be held within Kisumu County.
“The Honorable Court be pleased to transfer the instant criminal case vide (Republic v. John Chengo Masha & 3 Others Nairobi HCCR Case No. E074 of 2022) (hereinafter, the criminal case) from High Court at Nairobi to the High Court at Kisumu for hearing and determination,” the DPP application states.
The DPP asserts that the transfer of the case sittings would facilitate the court’s view of the scenes of the offences in the subject of the criminal case, and is therefore necessary for the satisfactory trial of the subject offences.
The State also argues that holding the trial within the jurisdiction of Kisumu County would assist in the general convenience of the witnesses, most of whom are based in and around the same County.
In the grounds listed to support the transfer, the DPP also notes that holding the trial in respect of the trial in criminal case within Kisumu County is necessary for the expedient and proper exercise of the court’s judicial authority.
Additionally, they state that holding the sittings within Kisumu would be expedient for the ends of justice that have been lagging for almost eight years.
Notably, the DPP has assured the accused persons that after the transfer, they will ensure that justice will be served to both.
“That none of the accused persons will suffer any prejudice should the orders sought be granted,” part of the DPP application read.
The Prosecution dropped charges against eight senior police officers in the same case: Titus Yoma, Titus Mutune, Benjamin Koima, Benjamin Lorema, Volker Edambo, Josphat Sensira, Mohammed Ali Guyo and the missing retired police officer Mohammed Baa.
According to the DPP, the eight, including the missing police boss Baa, will serve as State witnesses in a bid to help the victims get justice.
