The Director of Public Prosecutions (DPP) has approved charges against four individuals in the long-awaited Baby Pendo murder case, a major step in the pursuit of justice for the 2017 killing of six-month-old Samantha Pendo during post-election violence in Kisumu. The decision comes after a comprehensive review of the case files and marks a historic moment as it includes the first-ever application of Kenya’s International Crimes Act against security officers.
Among those charged is John Chengo Masha, a senior police officer at the time of the incident, who now faces grave accusations including murder, rape, and crimes against humanity. Prosecutors claim Masha failed to exercise command responsibility, allowing officers under his authority to carry out brutal attacks on civilians. These attacks included invading homes, beating residents with rungus, and the rape of at least six women during a crackdown on protestors in Nyalenda, Kisumu, on August 12, 2017.
In a separate but related charge, Masha has also been accused of personally committing rape, further deepening the severity of the allegations against him. The prosecution contends that officers involved in the operation also engaged in extortion, forcing residents to pay money to avoid further abuse.
Another suspect, Lina Kogei, has also been charged with murder in connection with the events of that night. Her role, though not elaborated in detail, is linked to the coordinated police actions that led to Baby Pendo’s fatal injuries. The infant succumbed to head trauma inflicted during a raid on her family’s home, sparking national outrage and calls for accountability.
The DPP has dropped charges against the remaining suspects, citing insufficient evidence, but emphasized that the case will proceed robustly against those still implicated.
This move has been welcomed by human rights advocates, who have long demanded accountability for state-led violence. It also sets a legal precedent in Kenya, as it is the first time officers are being charged under the International Crimes Act, signaling a tougher stance on impunity within the security forces.
The case is expected to proceed to court in the coming weeks.
