On Friday, March 21, the Court of Appeal decided that the Director of Public Prosecution (DPP) would prosecute and charge 12 officers with the 2017 murder of Baby Samantha Pendo with murder.
Citing justifiable interest, the court also denied the National Police Service’s (NPS) request to be enjoined in the case.
The development opens the door for the cops, who had previously handled the situation with success, to now enter pleas before the courts. The police claimed that their constitutional rights were being violated when they requested stay orders that would prevent them from accepting pleas.
The officers, who were prosecuted under the doctrine of command responsibility, are now facing 47 counts of crimes against humanity, including rape, torture, and murder, for their roles in the 2017 Kisumu post-election violence.
During the 2017 post-election protests, Baby Pendo passed away from injuries sustained when 12 officers invaded her parents’ home in Kisumu’s Nyalenda slums and reportedly struck her on the head.
Lancer Achieng, her mother, disclosed after the incident that the officers smashed down the door, began striking her husband with a baton, and then proceeded to attack her, despite the fact that she was carrying a baby.
Mohammed Baa, Titus Yoma, Titus Mutune, John Chengo, Volker Edambo, Cyprine Robe, Josphat Sensira, Mohammed Ali Guyo, James Rono, and Benjamin Koima and Benjamin Lorema are the 12 cops who will be charged.
The case took more than six years to resolve, and Baby Pendo’s family attorney, Willis Otieno, has previously accused the ODPP of being to responsible.
The baby’s parents may file additional criminal charges against the Inspector General and his office for the offenses the 12 police committed if they are proven guilty.
