Human Rights groups have condemned the Director of Public Prosecutions (DPP) for dropping charges against eight of the 12 police commanders and officers in the case of Baby Samantha Pendo murder.
In a statement on Monday, May 5, the human rights groups, led by Amnesty International, questioned the omission of senior police officers who held overall command during the operations that led to the death, rape and injuries of Kenyans.
“The charge 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,” the statement read in part.
The ODPP, led by prosecution counsel Vincent Monda, told the court that after reviewing the case files, it has approved charges against only four officers.
“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,” the prosecution said.
The four police officers were on Monday, May 5 charged in connection with the killing of the of 6-month-old baby in Kisumu.
The officers facing the charge of crime against humanity–including murder and rape–are; John Chengo Masha, Lina Kogey, Cyprine Robi Wankio, and James Rono.
The human rights groups stated that the charge sheet was amended without the involvement of the Independent Policing Oversight Authority (IPOA), the investigating agency in the case.
It also condemned the DPP for exposing the victims and witnesses to possible harm that might jeopardize the case against the four officers.
“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 jeopardize the case against the four officers,” it stated.
The Baby Pendo case dates back to August 2017, when the toddler was fatally injured during a police operation to quell post-election protests in Kisumu. Following an inquest, several officers were found culpable, prompting widespread calls for justice and accountability.
