ODPP drops murder charges against eight police officers in Baby Pendo case
Prosecution says it is ready to proceed with the case against four others, who will be chargedwith murder, torture, and crimes against humanity
The Office of the Director of Public Prosecutions (ODPP) has dropped the case against eight senior police officers in Baby Pendo case.
The ODPP, through state counsel Mark Barasa, told the court today that after a review of the case file, only four police officers have a case to answer.
“Your honour, we will be charging only four accused persons in the case, and with us in court is the amended charge sheet ready to charge the four,” Barasa told Justice Margaret Mbugua.
The ODPP stated that there was not enough evidence to charge the senior police officers together with 39 protesters.
The eight police officers, Titus Yoma, Titus Mutune, Benjamin Koima, Benjamin Lorema, Volker Edambo, Josphat Sensira, Mohammed Ali Guyo, and Mohammed Baa (who has been on the run), are now free after their case was withdrawn.
The ODPP stated that they are ready to proceed with the prosecution of John Chego Masha, Linah Kogey, Cyprine Tobi Wankio, and James Rono, who will be charged with murder, torture, and crimes against humanity.
The 11 police officers had previously sought to halt their prosecution ver the murder of the six-month-old baby during the 2017 post-election violence in Kisumu because the charges against them under the International Crimes Act conflicted with Kenya’s laws.
However, a three-judge bench of the court of appeal, consisting of Justices Patrick Kiage, Weldon Korir, and Joel Ngugi dismissed the officers’ plea, allowing the prosecution to proceed at the High Court.
But the prosecution told the court that after review of the files and evidence provided, the charges against eight of the officers would be dropped.
“The DPP has reviewed the police file and amended the charges against all 12 suspects herein. We are pleased to inform the court that we are ready to proceed with the prosecution of four officers, namely Chego, Kogey, Tobi, and Rono, who are all present in court for plea,” the prosecution told the court.
However, the Independent Policing Oversight Authority (IPOA) has vehemently opposed the DPP’s decision to terminate the murder charges against the eight officers, arguing they were not consulted.
IPOA did not oppose the plea taking of the four officers.
Baby Pendo was fatally injured during the August 2017 post-election protests in Kisumu County.
An inquest was launched, and twelve officers were found culpable as the human rights activists spread the call for justice and accountability.
