Human rights groups have strongly criticized the decision by the Director of Public Prosecutions (DPP) to drop charges against eight out of twelve police officers initially implicated in the murder case of Baby Samantha Pendo. This move has sparked public outrage and renewed calls for justice and accountability in one of Kenya’s most harrowing human rights cases.
The groups, led by Amnesty International, released a joint statement expressing their dissatisfaction with the decision to exclude senior police commanders from prosecution. They highlighted that these senior officers held command responsibility during the security operations in Kisumu County in August 2017 operations that not only resulted in the death of Baby Pendo but also the deaths, rapes, and injuries of over 60 individuals.
According to the rights groups, the selective prosecution undermines justice by failing to hold those in leadership accountable for the systemic abuse and excessive use of force. “The charge omits senior police officers who held overall command responsibility,” the statement emphasized, noting that failing to prosecute these individuals sends a dangerous message of impunity within the security sector.
The Office of the Director of Public Prosecutions, through prosecution counsel Vincent Monda, informed the court that only four officers would face charges. An amended charge sheet was presented, reflecting this narrowed scope of prosecution. The four officers now facing trial are John Chengo Masha, Lina Kogey, Cyprine Robi Wankio, and James Rono. They have been charged with crimes against humanity, including murder and rape, in connection with the fatal injuries sustained by six-month-old Samantha Pendo during post-election unrest.
The exclusion of eight other officers, especially those who commanded the operations, has raised serious questions about the thoroughness and transparency of the prosecutorial process. Human rights defenders argue that accountability must extend beyond those who physically carried out the acts of violence to include those who gave the orders.
Adding to the controversy, the rights groups pointed out that the Independent Policing Oversight Authority (IPOA) the statutory body mandated to investigate police misconduct was not involved in the recent decision to amend the charge sheet. They expressed concern that bypassing IPOA’s oversight role not only contravenes legal procedure but also weakens the credibility of the entire case.
Even more troubling to the advocates was the revelation that the amended charge sheet publicly disclosed the names of victims and witnesses. They warned that such exposure endangers those individuals, potentially opening them up to retaliation and intimidation, which could undermine the integrity of the judicial process.
The Baby Pendo case has remained a symbol of the brutality inflicted on civilians during law enforcement operations and the long struggle for justice in Kenya’s human rights landscape. The infant died from head injuries after police allegedly stormed her family’s home during a nighttime crackdown on post-election protests in Kisumu. A public inquest later found several police officers culpable, sparking national and international calls for accountability.
Despite years of investigation and mounting evidence, justice has remained elusive. The latest move by the DPP has left many questioning whether justice will ever be served, particularly for victims of state violence. Human rights organizations are calling for a reversal of the decision to drop the charges and for the prosecution of all those implicated, regardless of rank.
As the trial of the four officers proceeds, the public and advocacy groups alike are watching closely, demanding transparency, fairness, and justice not just for Baby Pendo, but for all victims of police brutality in Kenya
