The Baby Pendo case signifies a significant milestone in Kenyan national courts as it represents the first instance of prosecuting crimes against humanity. It is also the initial case of its kind to accuse individuals of committing crimes during post-election violence, specifically under the concept of command responsibility as outlined in the Kenyan 2008 International Crimes Act.
In collaboration with other partners, UTU WETU is acting as a representative organization for the Family of Baby Pendo, offering legal support and assistance.
The case known as “Baby Pendo” alleges that shortly after the announcement of the presidential election results in August 2017, the police unlawfully killed Samantha Pendo, a 6-month-old baby who her mother was holding at their residence. Following an inquiry, a ruling was made, urging the ODPP (Office of the Director of Public Prosecutions) to investigate and bring charges against police superiors based on the theory of command responsibility.
The indictment asserts that Samantha Pendo’s killing was part of a systematic and widespread assault on civilians residing in Nyalenda, Nyamasaria, Kondele, and Obunga, all located in Kisumu County, which was the Pendo family’s place of residence.