Baby Pendo: DPP Drops Charges Against 8 Cops Linked to Killing of Minor, 39 Protesters in Kisumu

Baby Pendo: DPP Drops Charges Against 8 Cops Linked to Killing of Minor, 39 Protesters in Kisumu

  • The DPP has withdrawn murder charges against eight senior police officers linked to the 2017 killing of Baby Pendo in Kisumu
  • Four other officers now face prosecution for murder, sexual exploitation, and crimes against humanity under a rarely applied Kenyan law
  • The case marks a historic moment as the first instance police are charged under the International Crimes Act for post-election violence

TUKO.co.ke journalist Ivan Mboto has over three years of experience reporting on politics and current affairs in Kenya

More than seven years after the tragic death of Baby Samantha Pendo shocked the nation, a fresh chapter in the pursuit of justice is taking shape in the corridors of Kenya’s courts.

DPP drops charges against 8 police officers linked to Baby Pendo murder
Police officers were arraigned over the 2017 killing of Baby Samantha Pendo. Photos: Citizen Digital, Amnesty International Kenya.
Source: UGC

The Director of Public Prosecutions (DPP) has dropped murder charges against eight senior police officers previously linked to the killing of Baby Pendo in Kisumu in 2017.

The six-month-old infant died from head injuries sustained during a violent police crackdown on protesters following the disputed August 2017 General Election.

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The DPP’s decision comes after a comprehensive review of the case, which has drawn national and international attention for years.

4 police officers charged in relation to Baby Pendo's death

While some of the officers have been cleared, four others were charged in court on Monday, May 5, in connection with the events that led to Baby Pendo’s death and other reported human rights violations.

The DPP approved murder and sexual exploitation charges against the four police officers, namely John Chengo Masha, Lina Kogey, Cyprine Robi Wankio, and James Rono.

John Chengo Masha, a senior police commander, is facing the most serious charges, including murder, sexual violations, and crimes against humanity, under the International Crimes Act.

This marks the first time the law is being applied against police officers in Kenya.

According to court filings, Masha is accused of failing to prevent officers under his command from engaging in widespread violence against civilians.

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Prosecutors allege that under his leadership, police officers raided homes in Kisumu, beat residents with batons, hurled tear gas into living spaces, and committed sexual exploitation of more than 20 women.

DPP drops charges against officers linked to the murder of Baby Pendo
Court proceedings underway in the Baby Pendo case as four police officers face charges over the 2017 killing in Kisumu. Photo: Amnesty International Kenya.
Source: Twitter

Disturbingly, some victims were reportedly forced to pay bribes ranging between KSh 500 and KSh 2,000 to avoid further abuse. Other officers are said to have stood by without taking any action to stop the crimes.

Lina Kogey also faces a murder charge tied to events on August 12, 2017, when security forces descended on residential areas in a sweeping crackdown. Prosecutors claim she, too, failed in her duty to prevent the violence.

The court ordered the four accused officers to remain within its jurisdiction for at least seven days and barred them from contacting witnesses or interfering with the ongoing investigations.

Meanwhile, among the eight officers whose charges were dropped is Mohamed Baa, a retired officer who has reportedly been missing since the 2017 incident. Authorities informed the court that efforts to trace his whereabouts have so far been unsuccessful.

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Who was to blame for Baby Pendo’s death?

This came after then-DPP Noordin Haji promised to hold senior police officers accountable for their role in the 2017 post-election chaos that led to the tragic death of Pendo.

In August 2021, Haji declared that his office would pursue the prosecution of police commanders who were in charge during the violent crackdown in Kisumu’s Nyalenda estate.

Speaking during an event in Mombasa, Haji criticised the long-standing practice of prosecuting junior officers while shielding their superiors.

The DPP emphasised that prosecuting high-ranking officers would set a precedent in ensuring that those in leadership positions are held accountable when human rights violations occur under their watch.

Proofreading by Mercy Nyambura, copy editor at TUKO.co.ke.

Source: TUKO.co.ke

Authors:
Harry Ivan Mboto avatar

Harry Ivan Mboto (Current affairs editor) Harry Ivan Mboto is an accredited journalist with the Media Council of Kenya (MCK) and a Current Affairs and Politics Editor at TUKO. He is a Linguistics, Media, and Communication student at Moi University and has over three years of experience in digital journalism. Have a news tip, query, or feedback? Reach him at: harry.ivan@tuko.co.ke.

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