30 Groups Issue Statement After Police Officers Charged With Baby Pendo Murder
On Monday, May 5, four police officers appeared before the High Court of Kenya to enter pleas on charges under the International Crimes Act.
Viral Tea Ke Writer 
Families of victims, alongside Amnesty International Kenya, Utu Wetu Trust, the International Justice Mission, and the Police Reforms Working Group, have strongly condemned the decision by the Office of the Director of Public Prosecutions (ODPP) to withdraw charges against eight of the twelve police commanders and officers initially implicated in a landmark case involving crimes against humanity.
On Monday, May 5, four police officers appeared before the High Court of Kenya to enter pleas on charges under the International Crimes Act. The charges stem from alleged acts of murder, rape, and torture committed against civilians during the 2017 general elections.
Among the charges is the high-profile killing of Baby Samantha Pendo, a case that has come to symbolise the brutality of police violence during the election period. The plea-taking comes over two years after the ODPP initially filed the case in 2022, following a series of adjournments and procedural delays.
An undated photo of Baby Pendo. /AMNESTY KENYA
The latest development follows at least 10 applications by the defence counsel and the ODPP seeking to postpone the plea-taking process for the original twelve officers. However, 30 human rights groups have decried the move as a step back for justice and accountability in Kenya’s ongoing struggle with police reform.
"Furthermore, and as stated in court, the charge sheet was amended without the involvement of the Independent Policing Oversight Authority (IPOA), the investigating agency in the case. The charge omits senior police officers who held overall command responsibility during the operations that saw the deaths, rape and injuries of no less than 60 Kenyans in Kisumu County," a statement by Amnesty International reads in part.
"We are also deeply concerned that, contrary to the ODPP’s obligations on protection, the charge sheet, which is now public, contains the names of victims and witnesses. This public identification has the potential to expose the victims and witnesses to possible harm and reprisals and could jeopardise the case against the four officers."
Consequently, the groups urged all parties to adhere to the court’s order to mitigate harms to the victims in accordance with the Victims Protection Act, further calling on all parties and the media to redact the names of the victims and witnesses in further proceedings and reporting.
The groups also called on all measures to be taken by both state and non-state actors to ensure that the victims and witnesses in this case are not subjected to the same risks experienced by those involved in the cases before the International Criminal Court concerning the 2007-08 post-election violence.
"The consistent attempts to defer or stall proceedings in this case so far have betrayed the interests of victims and the public. We, therefore, urge the judiciary to ensure that the cases against the four police officers who took a plea today are expedited," the groups demanded further.
"The victims and families of Baby Pendo and the many others who suffered at the hands of police officers urgently deserve justice and reparation to have closure and move on with their lives."
12 police officers, including senior police commanders, were implicated in the matter, which saw the death of Baby Pendo and 39 others in the 2017 opposition protests in Kisumu.
In a decision made on Monday, May 5, the Director of Public Prosecutions (DPP) stated that the charges against the other eight officers were dropped due to insufficient evidence. Amnesty International Kenya, which was present in court during the proceedings, confirmed that the plea-taking process is continuing for the four junior police officers.
"After nearly five years in court and several deferrals and delays, The Director of Public Prosecutions has decided to charge only four junior police officers and not the full eleven, including senior police commanders, in the Baby Pendo case. Meanwhile, plea taking is currently underway for four junior officers facing crimes against humanity charges," Amnesty International said in an earlier statement.
The tragic case of Baby Pendo has captured national attention since her death, with public frustration mounting over the prolonged delays in securing justice through the courts.
The DPP’s move follows a ruling by the Court of Appeal on March 21, which had directed that all 12 officers stand trial for 47 counts of crimes against humanity linked to the post-election protests.
