Only four junior police officers will face criminal prosecution for the deaths of Baby Pendo and 39 others during the 2017 opposition protests in Kisumu. This is despite the fact that 12 police personnel, including top commanders, have been implicated in the case.
The Director of Public Prosecutions (DPP) made the judgment on Monday, May 5, citing a lack of evidence as the rationale for dropping charges against the other eight. The decision comes as a disappointment to many who have been following this case closely since 2017, especially given the severity of the charges involving crimes against humanity.
Amnesty International Kenya, which was present at the hearing, confirmed that the four junior police officers’ plea negotiations are still ongoing.
“After nearly five years in court and several deferrals and delays, the Director of Public Prosecutions has decided to charge only four junior police officers and not the full eleven, including senior police commanders, in the Baby Pendo case,” Amnesty stated.
They further added, “Meanwhile, plea taking is currently underway for four junior officers facing crimes against humanity charges.”
The heartbreaking case of Baby Pendo has grabbed the nation since her tragic death, which was compounded by a delay in the settlement of her case in court.
Baby Pendo became a symbol of police brutality during the post-election violence that rocked Kenya in 2017. Her death, along with dozens of others, raised serious questions about police conduct during protests and the accountability of security forces.
The DPP’s judgment comes months after the Court of Appeal determined on March 21 that the 12 officers should face 47 accusations of crimes against humanity related to the protests. The court was clear in its ruling:
“In our ruling, we have said enough to show that despite being premised on an arguable appeal, the applications for stay of execution (taking plea) cannot succeed.” They emphasized their position further by stating, “The applications are bound for dismissal, which we hereby do. We also reaffirm our dismissal of an application by the National Police Service to be made a party to the case.”
Despite this development in the investigation, the case isn’t fully resolved. The 11th suspect, a retired senior police officer, has yet to be apprehended, according to Chief Inspector Peter Kinani.
“My lady, efforts to visit his rural area, which is in Wajir County, and his other houses did not have any trace of human movement,” Chief Inspector Kinani informed the court.
The decision to prosecute only junior officers while sparing senior commanders has raised concerns about accountability within the police force.
Critics argue that responsibility for operations during protests typically extends up the chain of command, and focusing solely on junior officers might not address systemic issues within the security apparatus.
The Baby Pendo case highlights the ongoing challenges in Kenya’s justice system, particularly when it comes to holding security forces accountable for human rights violations.
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