The third accused officer in the high-profile Baby Pendo murder case is yet to declare his position on the proposed transfer of the trial from the Milimani Law Courts in Nairobi to Kisumu.

During a hearing on Thursday, July 17, the High Court was informed that all parties had agreed to the relocation, except the third accused, who has not filed any submissions or formal objections.

Justice Margaret Muigai directed him to present his position before the next mention scheduled for July 23, 2025.

“I can set a mention date for the third accused to indicate the way forward, whether to serve or make oral submissions, so we can confirm if responses have been filed and whether further submissions will follow,” ruled Justice Muigai.

The prosecution, led by Counsel Victor Owiti, is seeking to have the case moved to Kisumu for the convenience of witnesses, most of whom are based in the region.

The request was filed on June 30, 2025, with an alternative proposal for the court to hold sessions in Kisumu.

Four police officers John Chengo, Linah Kogey, Cyprine Robi, and James Rono, are facing charges over the death of six-month-old Samantha Pendo, who died after sustaining injuries during a police crackdown in Kisumu in August 2017.

They have denied all charges, including murder, torture, and rape under the International Crimes Act, and are currently out on Sh1 million cash bail each.

Eight other officers initially charged in the case were cleared by the DPP due to insufficient evidence.

In a separate ruling on May 12, Justice Muigai restricted the accused from accessing Nyalenda, Obunga, Nyawita, and Nyamasaria estates in Kisumu areas home to several victims.

The court also warned the officers against making any contact with victims or disclosing sensitive case information, noting that such actions would amount to contempt of court.

The case will be mentioned on July 23 for further directions.