Thirty human rights organisations, including Amnesty International Kenya and the International Justice Mission, have condemned the decision by the Director of Public Prosecutions (DPP) to drop charges against eight of the twelve police officers initially accused in the Baby Pendo case.
The joint statement, also signed by victims’ families, Utu Wetu Trust, and the Police Reforms Working Group, criticised the move, saying it weakens accountability for crimes committed against civilians during the 2017 elections. Among those crimes were the brutal killing of Baby Samantha Pendo in Kisumu, as well as reports of rape and torture.
On Monday, four police officers appeared before the High Court of Kenya and pleaded to charges of crimes against humanity under the International Crimes Act.
The charges stem from deadly police operations during the 2017 post-election period, which left at least 60 people in Kisumu County dead or injured. The victims included women, children, and men.
The organisations pointed out that it has taken more than two years since the case was filed by the DPP in 2022 for plea-taking to finally begin.
They said this delay was largely caused by over ten applications from the defence team of the accused officers and the DPP himself to postpone court proceedings.
They also raised concerns about the way the charge sheet was amended, noting that the changes were made without input from the Independent Policing Oversight Authority (IPOA), which was the agency responsible for investigating the case. This, they said, shows a lack of transparency and respect for the rule of law.
“The revised charge sheet leaves out senior police officers who were in charge of operations during the violence, despite their command responsibility,” the lobby groups said in their statement.
The groups also criticised the DPP for publicly revealing the names of victims and witnesses in court documents. They said such exposure puts those involved at risk of intimidation and revenge, and could damage the chances of a fair trial.
“We urge all parties, including the media, to protect the identity of victims and witnesses as required by the Victims Protection Act,” the statement said.
They warned that without proper protection, those involved in the case could face threats similar to those experienced by witnesses in the International Criminal Court cases related to Kenya’s 2007–2008 post-election violence.
Calling for urgency, the rights groups asked the Judiciary to ensure that the trials of the remaining four officers proceed without further delay. They said justice must be served for Baby Pendo’s family and all the victims of police brutality who have waited too long for answers and accountability.
Email your news TIPS to Editor@Kahawatungu.com — this is our only official communication channel
