Rights groups condemn DPP’s move to drop charges against eight police officers in Baby Pendo case » Capital News

NAIROBI, Kenya, May 5 — Amnesty International Kenya, alongside 29 other human rights organisations, has strongly condemned the Office of the Director of Public Prosecutions (ODPP) for dropping charges against eight of the twelve police officers initially implicated in the murder of Baby Samantha Pendo during the 2017 post-election violence.

The rights groups, which include the Utu Wetu Trust, International Justice Mission, and the Police Reforms Working Group-Kenya, expressed outrage over the decision, terming it a betrayal of justice for the victims and their families.

The condemnation follows the plea-taking of four remaining officers before the High Court of Kenya earlier Monday.

The officers face charges of crimes against humanity—including murder, rape, and torture—under the International Crimes Act, in relation to brutal crackdowns on civilians in Kisumu County during the 2017 elections.

Among the victims was six-month-old Baby Pendo, whose death shocked the nation and became a symbol of police brutality.

The groups decried the amended charge sheet, which they say was altered without the input of the Independent Policing Oversight Authority (IPOA), the primary investigative agency in the case.

 They noted that the revisions excluded senior police commanders who allegedly bore overall responsibility for the operations that resulted in at least 60 deaths and numerous instances of rape and injury.

Of equal concern, according to the statement, is the fact that the charge sheet—now a public document—reveals the names of victims and witnesses, a move the organisations warn could expose them to reprisals and undermine the ongoing judicial process.

“We urge all parties to adhere to the court’s order to mitigate harms to the victims in accordance with the Victims Protection Act,” the statement read.

 “In this regard, we call on all parties and the media to redact the names of the victims and witnesses in further proceedings and reporting.”

The coalition also criticised the prolonged delays in the case, noting that it has taken more than two years since the charges were filed in 2022 for the matter to reach the plea-taking stage—largely due to repeated adjournments by the defence and the prosecution.

“The consistent attempts to defer or stall proceedings in this case so far have betrayed the interests of victims and the public, “the groups said, calling on the judiciary to expedite the trial of the four officers still facing charges.

They further urged state and non-state actors to ensure that victims and witnesses are not subjected to the same risks that plagued witnesses in the International Criminal Court (ICC) trials related to the 2007–08 post-election violence.

The joint statement was signed by Irungu Houghton, Executive Director of Amnesty International Kenya; Vincent Chahale, Country Director of International Justice Mission-Kenya; Tina Alai, Director of Utu Wetu Trust; and members of the Police Reforms Working Group-Kenya.