Court postpones bail ruling for officers charged over Samantha Pendo’s death

The High Court has postponed its ruling on a bail application filed by four police officers accused of crimes against humanity, including the killing of six-month-old Samantha Pendo during the 2017 post-election unrest in Kisumu.

Justice Margaret Waringa Muigai had been expected to deliver the ruling on June 4, 2025, but adjourned the matter to June 10, citing the need to ensure all parties receive essential documents.

"I hereby adjourn the matter to Tuesday, June 10, 2025, to allow time for all parties to be served with the pre-bail reports, and for any responses or applications to be filed as appropriate," she ruled.

On May 12, the judge had directed the Probation Services at Milimani Law Courts to prepare a pre-bail report for each officer and instructed the Witness Protection Agency to submit risk assessments for witnesses and victims.

However, by early June, it became clear that the reports were not ready for all parties.

During the court session on June 4, it was confirmed that the reports had been filed and shared with the Office of the Director of Public Prosecutions (ODPP) and the defense, but had not yet reached all stakeholders.

Among those who had not received the reports were lawyer Willis Otieno of Utu Wetu, representing the victims, and the Independent Policing Oversight Authority (IPOA).

Willis Otieno had asked the court to defer the ruling to June 5, but the judge noted she would not be available on that date.

She instead set the next hearing for the following week to allow time for all necessary submissions and preparations.

The court will now hear oral submissions and make a decision on the bail application on June 10.

The charges against the officers stem from a 2017 police operation in Kisumu County, during which six-month-old Samantha Pendo sustained fatal head injuries while police responded to post-election protests.