Rights groups condemn withdrawal of charges in Baby Pendo case

By Newsflash Reporter

Thirty human rights organizations have strongly condemned the decision by the Office of the Director of Public Prosecutions (ODPP) to drop charges against eight of the twelve police officers initially implicated in the brutal killing of Baby Samantha Pendo and other human rights violations during the 2017 post-election violence in Kisumu.

In a joint statement released in Nairobi on Monday, May 5, 2025, groups including Amnesty International Kenya, the International Justice Mission, Utu Wetu Trust, and the Police Reforms Working Group expressed outrage over what they described as a betrayal of justice and a setback in police accountability efforts.

“Victims’ families, Amnesty International Kenya, Utu Wetu Trust, the International Justice Mission and the Police Reforms Working Group condemn the DPP’s dropping of charges against eight of the twelve police commanders and officers who were initially included in the original charge case,” the statement read.

This development comes after four police officers finally took plea before the High Court of Kenya for crimes against humanity — including murder, rape, and torture — under the International Crimes Act.

These crimes were allegedly committed during the crackdown in Kisumu following the 2017 elections, and include the murder of six-month-old Baby Pendo.

The plea taking, which had been delayed for more than two years since the case was filed in 2022, follows at least ten attempts by the defence and the ODPP to postpone proceedings. Rights groups say the drawn-out delays have compounded the suffering of victims’ families and eroded public trust in the judicial process.

Secret amendments

Further fuelling the controversy, the revised charge sheet was allegedly amended without the input of the Independent Policing Oversight Authority (IPOA), the agency that investigated the original case.

As a result, senior officers who were believed to have commanded the operations during which at least 60 people were killed or injured have been excluded from prosecution.

“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 rights groups noted.

Moreover, serious concerns have been raised about the safety and privacy of witnesses and victims. The charge sheet, now publicly accessible, contains unredacted names of individuals set to testify — a move the organizations warn could jeopardize the case and expose those involved to retaliation.

“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.”

The rights groups are calling on all parties, including the media, to respect the court’s directive and redact all victim and witness names in any future proceedings or reports to comply with the Victims Protection Act.

Calls on Judiciary

They also urged the judiciary to expedite the hearing of the case, warning that continued delays could mirror the frustrations experienced in past justice efforts, including cases related to the 2007–08 post-election violence that faltered at the International Criminal Court.

“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,” the statement added.

The groups reaffirmed their commitment to seeing justice served for Baby Pendo, whose death became a national symbol of police brutality, and for the many others who suffered in the aftermath of the 2017 elections.

“The victims and families of Baby Pendo and the many others who suffered in the hands of police officers urgently deserve justice and reparation to have closure and move on with their lives.”

The statement was signed by Irungu Houghton of Amnesty International, Vincent Chahale of International Justice Mission-Kenya, and Tina Alai of Utu Wetu Trust, alongside the Police Reforms Working Group and its numerous civil society partners.