Baby Pendo murder case: Eleven police officers to be charged with crimes against humanity

Eleven senior police commanders will finally take plea over the brutal killing of Baby Samantha Pendo and other atrocities committed during the 2017 post-election violence, after the Court of Appeal declined to halt their prosecution.

This marks a pivotal moment in the pursuit of justice for the six-month-old baby and dozens of other victims of excessive police force in Kisumu, nearly eight years since the violence occurred.

The officers face 47 charges of crimes against humanity including murder, torture and rape under the International Crimes Act and the Rome Statute. They are accused of orchestrating or enabling violent police operations that led to the death of Baby Pendo and 39 other civilians during protests that followed the disputed 2017 presidential election.

The prosecution of the officers had been delayed since November 2022, when they were first arraigned in court. Since then, they have filed multiple legal challenges to block their trial, culminating in a March 2025 ruling by appellate judges Patrick Kiage, Weldon Korir and Joel Ngugi.

In their unanimous decision, the judges rejected an application to stay the High Court’s directive requiring the officers to plead to the charges.

“We are of the view that although we have found that the suspects’ appeal will not be rendered nugatory, the novel issues raised in the appeal need to be determined without undue delay,” the bench ruled in March.

The suspects included high-ranking officers such as Linah Kogey, Mohamed Guyo, and Titus Mutune Yoma, who were in charge of operations during the chaotic period in Kisumu.

The group, led by Yoma, argued in court that the trial could violate their rights due to gaps and inconsistencies between Kenyan domestic law and international legal instruments, particularly the Rome Statute. They claimed there were no clear procedural rules guiding the trial of international crimes in Kenya, and warned that being forced to take plea before their appeal is heard would amount to prejudicial treatment.

Yoma further submitted that once charged, the officers would likely face interdiction under the National Police Service Standing Orders, which would result in loss of income. He argued that reinstatement would not be guaranteed even if they were eventually cleared.

Officers' rights

However, the Court of Appeal dismissed these concerns, stating the officers’ rights would be protected throughout the process.

“Having satisfied ourselves that the applicants are not faced with imminent injustice, we find no good reason to warrant further deferral of their taking of plea and the commencement of their trial,” Justice Kiage said.

The court emphasised that the International Crimes Act remains valid law in Kenya and cannot be disregarded. It further dispelled fears raised by the officers that they were being treated as test cases under the Act.

“We wish to reiterate the obvious fact that the trial court will be under an obligation to protect the suspects’ rights as guaranteed under Articles 49 and 50 of the Constitution. Should they be dissatisfied with any aspect of the trial, they will have an opportunity to challenge it in a substantive appeal,” the bench said.

The Director of Public Prosecutions had also told the court that he preferred to delay the charges until a 12th suspect, who is still at large, is arrested and brought to court. The court, however, ruled that the DPP is free to amend the charge sheet and proceed with the trial of the 11 officers already present.

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Their formal plea taking is scheduled for today, Monday, May 5, 2025, marking the first step in what is expected to be a landmark trial under Kenya’s international crimes framework.

The killing of Baby Pendo in Nyalenda, Kisumu, after being struck on the head during a police crackdown on protesters, sparked national outrage and became a symbol of the brutality witnessed during the 2017 post-election crisis.

Elsewhere, six Kenya Wildlife Service officers linked to the disappearance of a fisherman in Nakuru will face charges after the DPP recommended their prosecution.

The officers will be charged with abduction to confinement in connection with the disappearance of Brian Odhiambo, who went missing on January 18 after he was allegedly arrested by KWS personnel.

Those named in the case include Senior Sergeant Francis Wachira Gachoki and rangers Abdulrahman Ali Sudi, Isaac Ochieng, Evans Kimaiyo, Michael Wabukala, and Alex Lorogoi, all stationed at Lake Nakuru National Park.

According to Nakuru East Sub-County Criminal Investigations Officer Samuel Ngeiywo, the six were arrested last Friday but later released on a free bond ahead of their scheduled court appearance on Monday.

“They were arrested on Friday, but were later released on a free bond, pending court appearance on Monday,” Ngeiywo said.

The DCI had initially written to the DPP seeking approval to charge the officers with abduction with intent to murder, but the prosecution opted for lesser charges of abduction to confinement.