30 HUMAN RIGHTS ORGANISATIONS CONDEMN WITHDRAWAL OF CHARGES AGAINST 8 OF 12 SUSPECTS IN BABY PENDO CASE

 Nairobi, 5 May 2025: 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 charges.

Today, four police officers took plea before the High Court of Kenya for charges of crimes against humanity, including murder, rape and torture committed against civilians during the 2017 elections, under the International Crimes Act.

The charges include the brutal murder of Baby Samantha Pendo, the rape and indecent assault of women and girls in Kisumu, and the torture of many others during the 2017 election violence period. The plea-taking occurred more than two years after the case was lodged by the Office of the Director of Public Prosecutions (ODPP) in 2022, following repeated adjournments and delays.

The latest twist follows ten applications by the accused police officers’ defence counsel and the DPP to defer plea-taking against the original twelve officers.

Furthermore, as stated in court, the charge sheet was amended without the involvement of the Independent Policing Oversight Authority (IPOA), the investigating agency in the case.

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.

We are also deeply concerned that, contrary to the ODPP’s protection obligations, 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.

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

Both state and non-state actors must take all measures 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.

The consistent attempts to defer or stall proceedings in this case, alongside the recent withdrawal of charges against eight police commanders who were initially included in the charge sheet, have deeply betrayed the interests of the victims and the broader public. These actions risk undermining the pursuit of justice and reinforcing a culture of impunity within the security services. We, therefore, urge the judiciary to ensure that the cases against the four police officers who took a plea today are expedited.

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

Signed