The Office of the Director of Public Prosecutions has applied to have the Baby Pendo murder trial, in which four senior police officers are facing charges, moved from Nairobi to Kisumu.

The prosecution told the High Court in Milimani that the transfer would make it easier for witnesses to participate and ensure the trial takes place near where the alleged crimes were committed.

The application was made before Justice Margaret Waringa Muigai, with the DPP arguing that shifting the trial is in the interest of justice since the alleged offenses, including murder, rape, and torture, happened in informal settlements in Kisumu County.

These include Nyalenda, Nyamasaria, Kondele, and Obunga, which were among the areas most affected during the 2017 post-election violence.

Six-month-old Samantha Pendo died following a police crackdown in Kisumu in August 2017, a case that has come to represent the widespread abuses committed by security forces in the aftermath of the disputed presidential poll.

According to the court submissions, the DPP intends to call more than 80 witnesses, most of whom are Kisumu residents.

The prosecution said transporting them to Nairobi repeatedly would cause heavy financial and logistical strain, delay the trial, and possibly discourage them from testifying.

The accused, John Chengo Masha, Linah Kosgey, Cyprine Robi Wankio, and James Rono, were serving as police inspectors at the time.

They face multiple charges, including 11 counts of rape as crimes against humanity.

They also face alternative charges of failing to prevent or stop the sexual violence allegedly carried out by officers under their command.

In addition, they have been charged with 38 counts of torture as crimes against humanity, along with alternative counts of failing to report or refer these violations for investigation and prosecution.

The alleged offenses took place between August 11 and 12, 2017, when security operations were launched in Kisumu following the disputed presidential election results.

The Baby Pendo case continues to draw public interest, with human rights organisations and families of victims closely following its progress. The ruling on whether the trial will be transferred to Kisumu will be delivered on September 18, 2025.