The High Court has ordered 11 police bosses, including a commissioner linked to the death of Samantha Pendo, also known as Baby Pendo, to present themselves at Mathari Mental Hospital for psychiatric assessment on Tuesday at 8.00 am.
Judge Kanyi Kimondo on Monday, January 30, 2023, issued the directive after the Director of Public Prosecutions (DPP) informed the court that the officers are yet to undergo a mental evaluation and hence they could not answer the murder charges.
The mental assessment is a mandatory procedure for all murder suspects.
Consequently, the judge deferred the plea-taking to April 5, 2023, to enable the officers to be evaluated whether they are fit to stand murder trial and a report be filed in court.
Those ordered to present themselves to the national referral mental hospital are Linah Kogey (Inspector and Post Commander, Nyalenda), Mohamed Guyo ( Chief Inspector), Titus Yoma (former Commissioner of Police and Retired County Commander), John Masha( GSU Inspector and platoon commander) and Benjamin Koima( Retired Administration Police Senior Superintendent).
Others are James Rono ( Chief Inspector), Benjamin Loreman( Kenya Prisons Service), Volker Edambo( Inspector, in charge of Crime Kisii) and Cyprine Wankio (Chief Inspector).
The court, however, extended the warrant of arrest issued against Mohammed Baa who is yet to be arrested by the Inspector General of Police.
This is the third time the officers, who are out on a personal bond of Ksh200,000 each, failed to take a plea since the matter was filed in court last year.
The case was brought forward by the DPP back in 2017, with the recommendation of the Independent Policing and Oversight Authority (Ipoa).
The officers are expected to face 40 charges of murder, rape and torture emanating from the post-election skirmishes in Kisumu in 2017 following presidential results.
The alleged offences were committed in Kisumu between August 11 and 15, 2017, just after the General Election, in Nyalenda, Nyamasaria, Kondele and Obunga, where six-month-old Baby Pendo was bludgeoned to death.
Papy Pendo murder probe
In March 2019 a Kisumu court gave the go-ahead for the prosecution of senior county bosses who were in charge in 2017 when violence erupted after the contested polls. This is after an inquest later found the officers culpable.
After the judgment of the inquest, the DPP said he established that the attacks were committed by and under the authority of senior national police officers, who apart from the murder of Baby Pendo, committed other offences such as torture, rape and sexual violence.
Haji later expanded the investigations beyond the murder of Baby Pendo, taking into account the aspect of superior/command responsibility before recommending their prosecution late last month.
