Human rights groups condemn dropping of charges against eight police officers in Baby Pendo case
They said the charge sheet was amended without the involvement of IPOA, the investigating agency in the case
Over 30 human rights organisations have condemned the Office of the Director of Public Prosecutions (ODPP) for dropping charges against eight senior police officers alleged to have been involved in the murder of a six-month-old baby, Samantha Pendo (Baby Pendo), during the August 2017 post-election protests in Kisumu.
Led by Amnesty International Kenya, Utu Wetu Trust, the International Justice Mission, and the Police Reforms Working Group, who were initially included in the original charge case, the groups also called for the expedition of the case, where now four out of the twelve officers who had been accused of the murder have taken a plea.
The human rights organisations also blamed the ODPP for amending the charge sheet and omitting the names of the senior police officers who were in charge of command responsibility.
“The charge sheet was amended without the involvement of the Independent Policing Oversight Authority (IPOA), the investigating agency in the case and it omits senior police officers who held overall command responsibility during the operations that saw the deaths, rape and injuries of no less than 60 Kenyans in Kisumu County,” they said in a statement.
Today, four police officers took plea before the Milimani High Court during which the denied charges of crimes against humanity, including murder, rape and torture committed against civilians during the 2017 post-election violence in Kisumu in contravention of the International Crimes Act.
The plea-taking occurred after more than two years since the case was lodged by the ODPP in 2022, following repeated adjournments and delays.
The latest twist follows no less than 10 applications by the accused police officers’ defence counsel and the DPP to defer plea-taking against the original 12 officers.
Further, the organisations have also blamed the ODPP of trying to jeopardise the case by making public the names of the victims and witnesses.
They have argued that exposing their names may cause harm and make the case stall again.
”We are also deeply concerned that, contrary to the ODPP’s obligations on protection, the charge sheet, which is now public, contains the names of victims and witnesses. This public identification has the potential to expose the victims and witnesses to possible harm and reprisals and could jeopardise the case against the four officers,” they stated.
They have called on all parties to adhere to the court’s order to mitigate harms to the victims under the Victims Protection Act.
“We call on all parties and the media to redact the names of the victims and witnesses in further proceedings and reporting. All measures must be taken by both state and non-state actors to ensure that the victims and witnesses in this case are not subjected to the same risks experienced by those involved in the cases before the International Criminal Court concerning the 2007-08 post-election violence,” they urged.
The statement comes after 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 prosecution, however, 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.
