Court Orders Prosecution of 12 Officers in Baby Pendo Case
The Court of Appeal has ruled that 12 police officers linked to the tragic killing of Baby Samantha Pendo in 2017 will now face prosecution and be charged with murder.
The ruling, delivered on Friday, March 21, allows the Director of Public Prosecution (DPP) to formally press charges against the officers.
Additionally, the court dismissed an application by the National Police Service (NPS), which had sought to be included in the case, claiming it had a legitimate interest.
However, the judges rejected the request, clearing the way for the officers to be arraigned in court.
This decision marks a major step forward in the case, as the officers had previously managed to avoid taking a plea by arguing that doing so would violate their constitutional rights.
They had filed an application seeking stay orders to prevent them from being charged, but the court has now ruled against them.
Following this latest ruling, the officers are set to face 47 counts of crimes against humanity, including charges of murder, torture, and rape. These charges stem from the violent crackdown on civilians during the 2017 post-election protests in Kisumu.
The court, in its ruling, emphasized that the officers must be held accountable under the doctrine of command responsibility, which holds superior officers liable for crimes committed under their leadership.
“In our decision, we have outlined sufficient reasons to demonstrate that despite the appeal being arguable, the request for a stay of execution—preventing the officers from taking a plea—cannot be allowed,” stated Justices Korir and Ngugi.
“We, therefore, dismiss the applications. Additionally, we uphold our earlier decision to reject the National Police Service’s application to be included as a party in this case,” the judges added.
The Tragic Death of Baby Pendo
Baby Samantha Pendo lost her life after sustaining severe injuries when police officers stormed her parents’ house in the Nyalenda slums of Kisumu during the 2017 post-election protests.
According to her mother, Lancer Achieng’, the officers forcefully broke down their door, assaulted her husband with a baton, and then turned on her—despite the fact that she was holding her infant daughter at the time. Tragically, the officers struck Baby Pendo on the head, leading to fatal injuries.
The 12 police officers who will now be facing trial have been identified as Mohammed Baa, Titus Yoma, Titus Mutune, John Chengo, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robe, Josphat Sensira, Mohammed Ali Guyo, and James Rono.
Long Delay in Seeking Justice
For over six years, Baby Pendo’s family has been waiting for justice. Their lawyer, Willis Otieno, has previously criticized the Office of the Director of Public Prosecution (ODPP) for delays in concluding the case, arguing that justice has been slow.
With the new ruling, there is now renewed hope that the case will proceed without further delays. If the 12 officers are found guilty, Baby Pendo’s parents may also have the right to take additional legal action against the Inspector General of Police and his office for the crimes committed by his officers.
This ruling signals a critical moment in the fight for justice, with many hoping that accountability will finally be served for Baby Pendo’s tragic and heartbreaking death.
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