We, together with fellow victims’ counsel, including representatives of the Law Society of Kenya, Amnesty International Kenya, International Justice Mission, the Kenya National Commission on Human Rights, and the Independent Medico Legal Unit, have moved to the High Court in Kisumu on behalf of victims in the Baby Pendo case through Constitutional Petition No. E011 of 2026, accompanied by an application under certificate of urgency and a supporting affidavit. The petition challenges the decision by the director of public prosecutions to decline prosecution of senior police officers who bore command responsibility for the 2017 post-election violence.
Our position remains clear. Accountability for violations of this nature cannot be fragmented, reduced, or reassigned. Decisions that result in the exclusion of senior officers while proceeding only against a limited number of junior officers raise serious concerns regarding the application of the principle of command responsibility and the constitutional guarantee of equal protection and accountability before the law. Justice must reflect the full chain of command, including those who planned, authorized, or oversaw operations, and not be confined solely to those at the lowest levels of implementation.
Equally, the rights of victims remain central to this process. Victims have a constitutional and statutory right to participate in proceedings that affect them, including the right to be informed, to be heard, and to have their interests meaningfully considered in decisions relating to prosecution. Any decision that alters the scope of charges or excludes categories of responsibility must take into account the impact on victims and their legitimate expectation that the justice process will be comprehensive, inclusive, and responsive to the full extent of harm suffered.
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 interest in the case kept the public informed and also ensured that the struggle for justice for victims of police brutality is not forgotten.
Below are some of the stories covered by the media during the hearing.
Daily Nation
https://nation.africa/kenya/news/baby-pendo-murder-case-brutality-victims-protest-release-of-8-police-commanders-5422132#story
The Standard
https://www.standardmedia.co.ke/crime-and-justice/article/2001545258/dpp-sued-over-dropped-suspects-in-baby-pendo-case
Citizen Digital
https://citizen.digital/article/baby-pendos-parents-want-8-senior-police-officers-charged-in-murder-case-n380649
The Star Newspaper
https://www.the-star.co.ke/news/2026-04-13-victims-challenge-dpp-over-dropped-charges-in-baby-pendo-case
The EastLeigh Voice
https://eastleighvoice.co.ke/news/331367/high-court-case-seeks-reinstatement-of-charges-against-senior-police-officers-in-baby-pendo-killing
NTV
https://web.facebook.com/watch/?v=1639497247297477
Citizen TV
https://web.facebook.com/watch/?v=968523352598420
Utu Wetu Trust stands in solidarity with the victims in affirming that accountability must be complete and that justice must uphold both the rule of law and the rights of those most affected.