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We want to take a moment to sincerely thank all the journalists and media outlets that continue to walk this journey of justice with us. Your consistent reporting and unwavering interest in the Baby Pendo case have not only kept the public informed but have also ensured that the struggle for justice for victims of police brutality is not forgotten. On June 16th, during the High Court’s ruling on bail for the accused officers, we saw an encouraging wave of media attention. Stories were aired, articles were written, and voices were raised to demand accountability and truth. The media’s coverage helped amplify the pain, the progress, and the power of survivors and affected families. We appreciate every journalist who has stood in courtrooms, filed updates late into the night, and given space for victims’ voices to be heard. Your work matters. These are not just court cases; they are stories of lives disrupted and a country trying to reclaim its soul through the pursuit of justice. Here are just some of the stories published during the June 16th bail ruling: Citizen TV   https://www.citizen.digital/news/four-cops-charged-in-baby-pendo-murder-case-granted-ksh1m-cash-bail-each-n364721 The Eastleigh Voice https://eastleighvoice.co.ke/national/165596/four-officers-linked-to-baby-pendo-murder-case-released-on-sh1-million-bond The Standard https://www.facebook.com/standardkenya/posts/baby-pendo-murder-suspects-freed-on-bailhttpswwwstandardmediacokenationalarticle/1161846932651775/ Nairobi Leo https://nairobileo.co.ke/news/article/21336/high-court-issues-new-directive-on-4-police-officers-in-murder-of-baby-pendo We urge our audience to continue following these developments, engaging with the coverage, and supporting calls for accountability. The journey is far from over, but with your continued support, we move one step closer to justice.

The  Milimani High Court, Criminal Division, presided over by Hon. Lady Justice Margaret Muigai, has today delivered directions in the ongoing case of the Republic vs. James Rono & Mohamed Baa & Others (Milimani H.C.C.R Case No. 074 of 2022), commonly known as the Baby Pendo case. The court addressed three key matters during the sitting: the grant of bail to four accused persons, the enforcement of warrants of arrest against the 11th accused person, and an application by victims’ counsel related to the same. 1. Court Grants Bail to Four Accused Persons The court granted bail to four accused police officers in the case. Each accused person is required to deposit a cash bail of KES 1,000,000 and secure two sureties of KES 500,000 each. The court also retained and emphasized several non-financial conditions, which had been issued in earlier rulings. These include: Prohibition from contacting or interfering with victims, witnesses, or any form of evidence; Prohibition from visiting the identified crime scenes in Kisumu; Requirement to remain within the jurisdiction of the court throughout the duration of the proceedings; Obligation to attend all court sessions without fail; Surrender of passports to the court; Mandatory quarterly reporting to the nearest office of the Independent Policing Oversight Authority (IPOA). The court indicated that these conditions are necessary to ensure that the proceedings are not compromised and that the safety and participation of witnesses and victims are protected throughout the trial. 2. Court Discusses Status of the 11th Accused Person The court also addressed the ongoing absence of the 11th accused person, Mr. Mohamed Baa, who has not appeared before the court since charges were preferred. Previous arrest warrants had been issued by the court beginning in 2022. The National Police Service (NPS) has reported conducting two search operations at residences known to be associated with Mr. Baa. During the proceedings, the court clarified that the warrants of arrest against Mr. Baa are still active. 3. Application by Victims’ Counsel on Public Assistance in Enforcement Following the court’s affirmation that the warrants remain in force, victims’ counsel made an application requesting that the court issue further directions to the National Police Service. Specifically, the counsel urged the court to direct NPS to enlist public assistance in the ongoing effort to locate and arrest Mr. Baa. This application was made in light of the extended period during which the warrants have been executed and growing concerns among victims regarding their safety and access to justice. The victims’ application was supported by reference to existing court orders and the victims’ legal right to participate in proceedings free from fear or intimidation. The court noted the application and indicated that it would deliver a ruling on the matter on July 2, 2025. 4. Next Steps in the Case The court has directed all parties involved in the case to prepare for pre-trial proceedings in line with standard criminal trial procedures. Pre-trial engagement is expected to cover matters such as scheduling, disclosure, witness protection measures, and case management. The court further directed that the names of survivors and sensitive personal information be redacted from documents displayed on the Case Tracking System (CTS), in compliance with privacy and protection obligations under Kenyan law. UTU WETU Trust remains committed to supporting the victims and survivors involved in this matter. As the case progresses, we will continue to walk alongside them, ensuring they are informed, heard, and able to participate in the judicial process through the appropriate legal and psychosocial support frameworks provided under the law

Utu Wetu was honoured this week to join  Feminists for Peace, Rights and Justice Center at a graduation ceremony held at their community space in Kibera. The event brought together survivors of sexual and gender-based violence, sex workers, queer persons, and young men, each of whom had completed a training program on financial literacy and understanding gendered harm in our communities. As an organisation rooted in advancing survivor-led justice and pushing for state accountability in addressing sexual and gender-based violence (SGBV), we were glad to be part of this moment. The graduation is a reminder that justice is not only found in courtrooms. It must also be felt in the lives of people who rebuild from harm and find power in economic independence. Sixteen individuals completed the program and received business toolkits to help them start or expand small businesses. These were not just items. They were tools to support the agency. They were part of a bigger response, one that links economic empowerment to healing and long-term safety. At Utu Wetu, we continue to call attention to the failure of state systems to protect survivors and prevent violence. But we also believe in what communities can build while demanding justice. We are proud to stand with Feminists for Peace and others who are creating spaces where survivors are not only supported but also trusted to lead. During the ceremony, Utu Wetu’s Communications Lead, Henix Obuchunju, joined in handing over business toolkits to the graduates. One of the gifts, a commercial blender, was given to a survivor who plans to start a small juice business in her neighbourhood. For her, and many others like her, this gift marks a new chapter, one where survival is not the end goal, but the beginning of building a life with stability and purpose. These kinds of tools are practical steps toward financial independence and self-reliance. They help survivors reclaim control over their daily lives, make choices that suit their needs, and reduce dependence on exploitative systems or unsafe environments. We recognise that real justice includes access to income, to safety, and to platforms where voices are heard and believed.

On 30th May 2025, eight survivors from Petition 122 of 2013 attended a psychosocial support session held at the Physicians for Human Rights (PHR) offices in Nairobi. The session was part of ongoing support for survivors who are part of the court case seeking justice for police violence during the 2013 post-election period. During the session, the survivors received an update on the progress of the petition. The legal team shared information on the current status of the case and what to expect next. The session was facilitated by Salima Macharia, a counselling psychologist. She guided the survivors through a session focused on emotional wellbeing and ways to manage stress. Survivors also shared their experiences and reflections. These sessions are designed to ensure survivors are informed and supported as they continue their journey for justice. The space also allows them to connect and support each other. UTU WETU continues to stand with survivors in their pursuit of accountability and redress.

     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 Irungu Houghton Amnesty International Section Director Vincent Chahale, International Justice Mission-Kenya Country Director Christine Alai Co-founder- Utu Wetu Trust  

We recently engaged the media to share the powerful stories of survivors of election-related sexual violence. These stories were documented on K24 and TV 47, highlighting their ongoing struggles. As four survivors await compensation and another four await judgment in Petition 122 of 2013, their resilience continues to inspire. We encourage you to watch these stories, underscoring the urgent need for justice and accountability. TV47 K24  

The victims and other parties in Appeal Case E645 of 2021 regarding sexual violence committed during the 2007-08 post-election violence are disappointed to learn this afternoon that the judgment has been delayed. This is despite being informed earlier this morning that the judgment would be delivered today. This follows an earlier postponement by the Court of Appeal on 11 April 2025. Cumulatively, the victims have been in court seeking justice for over 12 years. For the victims and survivors of the post-election violence, after more than 17 years, this is another dark day. We invite the media and Kenyans to interrogate the judiciary and the Government’s responses to the plight and rights of victims of gross human rights violations. As political deals are made, it is the victims who continue to bear the heavy and deep scars of political violence.

When the Court of Appeal postponed its judgment, media outlets covered the development, focusing on the implications for the parties involved. Stories reported on the delay, highlighting the postponement’s legal, political, and social effects. Journalists interviewed key stakeholders, such as lawyers, victims, and activists, to present different views on the delay. Some media outlets also provided analysis on the decision’s potential impact on public trust in the judiciary, especially in cases involving high-profile or sensitive issues. These stories informed the public while they were awaiting the final verdict. The Star Newspaper https://www.the-star.co.ke/news/2025-04-11-post-poll-gbv-survivors-upset-over-deferment-of-verdict Ghetto FM Ghetto Radio Classic 105 Radio Jambo KTN  TV 47     https://twitter.com/Tv47Newske/status/1910761736208085414 Nyanza Review 17 years of haunting silence: Survivors of Kenya’s political violence demand accountability The Eastleigh Voice https://eastleighvoice.co.ke/poll%20violence/137397/court-delay-deepens-pain-for-2007-08-post-poll-gbv-survivors Mtaani Radio Bibilia Husema Broadcasting  

  Nairobi, Kenya | 11th April 2025 The Court of Appeal has today postponed the delivery of its judgment in Civil Appeal No. E645 of 2021, a decision that has left survivors of sexual violence committed during the 2007-08 post-election violence disheartened and emotionally drained. For survivors who have waited 17 years for justice, this delay is more than procedural, it is deeply personal. It adds yet another layer of uncertainty to a legal journey already marked by prolonged silence and institutional disregard. The appeal case stems from Constitutional Petition 122 of 2013, which was filed in the High Court by eight survivors of sexual and gender-based violence (SGBV) experienced during the 2007–2008 post-election period, being six females and two males. Three of the female survivors were gang-raped by police officers while the other three females were gang-raped by civilian criminals, and the two male survivors, who were children at the time of the Post-Election Violence, were forcefully circumcised by ethnic militia. The survivors in the case are supported by a coalition of organizations, including the Utu Wetu Trust, Physicians for Human Rights (PHR), the Independent Medico-Legal Unit (IMLU), the International Commission of Jurists – Kenya (ICJ-K), the Coalition on Violence against Women (COVAW), Kenya National Commission on Human Rights (KNCHR), Kenya Human Rights Commission (KHRC), and the Constitution and Reform Education Consortium (CRECO). Two other organisations, Katiba Institute and REDRESS, are enjoined as Amicus Curiae in the case.   In 2020, the High Court issued its judgment in Petition 122 of 2013, awarding KShs. 4 million compensation to four of the survivor-petitioners on the basis that they were violated by police officers and for the State’s failure to investigate and prosecute perpetrators following one reported case where the survivor was raped by a civilian gang. The other four, whose cases involved gang rape and forced circumcision, were dismissed on the basis that they were committed by civilian perpetrators and lacked formal police reports. The Court of Appeal was today expected to address whether survivors violated by civilian criminals, and who did not or could not report violations, due to several factors including breakdown in security, law and order at the time, trauma, stigma, or displacement, still deserve protection and redress from the State. The Court of Appeal was also expected to address the High Court’s reluctance to issue structural orders that would require the State to establish mechanisms for documentation and reparation for all other victims of sexual violence committed during the PEV. You will recall that in 2008 the Commission of Inquiry into the Post-Election Violence, also known as the Waki Commission, recorded 900 cases of SGBV, which it termed as representing only “a tip of the ice-berg”. The Truth Justice and Reconciliation Commission went further to document thousands more of survivors of PEV-related SGBV in 2013. The appeal seeks the court’s intervention to ensure that the State identifies and provides mechanisms for reparation for all these victims, beyond the eight survivors participating in this specific case. These survivors are not seeking justice solely for themselves. They are standing up on behalf of many others, thousands across Kenya who continue to suffer in silence. Their pursuit of accountability is driven by a collective hope: that Kenya would recognize the full extent of pain, harm and disruption of lives caused by electoral violence and take steps to guarantee non-repetition. Instead of closure, survivors face persistent delay. The postponed judgement extends a legal process that began in 2013 and concerns violations from 2007. For 17 years, these individuals have navigated a legal system that has been slow to hear them, slower to act, and reluctant to fully confront the State’s failure to protect its citizens from sexual and gender-based violence. Adding to the gravity of this moment is the continued failure by the State to pay the KShs. 4 million compensation awarded by the High Court to each of the four survivor-petitioners in December 2020. A Certificate of Costs was submitted to the Ministry of Interior in August 2023, yet no payment has been made. The Ministry of Interior and the Office of the Attorney General have remained silent. Survivors are being forced to beg for what has already been granted to them by law. This adds onto the, almost KShs. 1 billion of unpaid compensation owed to survivors of the former Nyayo House Torture Chambers. This inaction reflects a broader institutional failure. In 2015, then-President Uhuru Kenyatta announced a KES 10 billion Restorative Justice Fund to address the plight of victims of the 2007-08 election-related violence. However, to date, this fund remains non-operational. Draft Regulations and a policy for implementation of the Fund have been sitting in the Office of the Attorney General, and the National Treasury, since 2017. They are yet to be adopted by the Cabinet or tabled before Parliament. Attempts by survivors and civil society organizations to engage the Office of the Attorney General have been unsuccessful, and survivors continue to wait, not just for funds, but for the  State to acknowledge their pain and suffering. Even more concerning are credible reports suggesting that a portion of the KES 10 billion fund may have already been disbursed, even though no public accounting has been made available. The reports indicate that Ksh 3.1 billion was allocated in the 2015/2016 budget. However, survivors and civil society remain in the dark about how these funds were disbursed, who the beneficiaries were, and what criteria guided the allocation, if any. We cannot talk about justice if transparency is absent.   While the State pleads budgetary constraints, we see lavish spending on political travel and campaigns, where public officials fly across the globe and traverse the country at enormous cost to the people of Kenya. These same public officials fail to act when it comes to compensating and providing holistic reparation to victims of gross human rights violations. There is no shortage of resources, only a shortage of political will. This delay is part of a pattern: Kenya has not reckoned

UTU WETU took part in two talk shows to raise awareness on election-related sexual violence and the need for government action. Our Trustee, Tina Alai, appeared on KTN News, and Leah Aoko represented the team on K24 TV. On KTN News, Tina Alai spoke about the experiences of survivors of election-related sexual violence. She explained that many survivors are still waiting for justice. Tina said that the government must take steps to support survivors and follow court rulings like Petition 122 of 2013. Leah Aoko spoke on K24 TV about the effects of election-related sexual violence. She said survivors need medical help, counselling, legal support, and public recognition. Leah also asked the government to fulfil its duty to provide support and justice to survivors. These interviews are part of UTU WETU’s efforts to push for action and support for survivors. KTN News interview with Tina Alai K24 TV interview with Leah Aoko