IG Kanja summoned for failure to arrest officer wanted for crimes against humanity in Kisumu

The high court has summoned the Inspector General of Police Douglas Kanja to explain his failure to arrest a police officer wanted for the murder of 39 people including baby Samantha Pendo killed in Kisumu during the 2017 post-election violence.

Kanja was summoned by Justice Lilian Mutende of the high court in Nairobi after lawyers representing survivors expressed concerns over the delay in arresting senior Sergeant of police Mohamed Baa to face prosecution with others.

He is required to appear in court on January 25, 2025, or send an officer to explain why Mohamed has not been apprehended.

Mohamed is among 12 senior and middle-level police commanders awaiting prosecution for failure to exercise command responsibility for their failure to restrain their juniors from committing the crimes.

He was the alternate commander of the police officers deployed in Obunga estate in Kisumu.

Kanja was summoned following protests by lawyers Betty Wambua from the International Justice Mission (IJM), Willis Otieno of Utu Wetu, and Victor Kamau from the Kenya National Commission on Human Rights (KNCHR) who are representing the victims and survivors.

Senior Assistant Director of Public Prosecution (DPP) Vincent Monda had asked the court to postpone the plea-taking since Mohamed has not been arrested adding that the state intends to prosecute the suspects together.

But Wambua, Otieno and Kamau opposed the application and said the suspects shall not be affected in any way if those available are charged.

"The criminal culpability is individual and each of the suspects will be held individually culpable for any of the crimes," stated Wambua.

The lawyers said the DPP has never expressed the difficulties experienced by the police in arresting Mohamed with lawyer Otieno stating that the officer has been sighted in South Estate in Nairobi and Wajir and it is known that he (Mohamed) has crossed into Somalia severally.

Otieno urged the court to consider the potential interference with the case since some of the officers including a commissioner of police at Vigilance House (Kenya Police Service) headquarters are still in office.

The officers stand accused of the murder of the 39, mass rapes and torture of residents carried out in Kondele and Ombunga slums among other areas as police moved to quell the violence.

The officers include the then Kisumu police commander Titus Yoma, General Service Unit (GSU) commander for Nyanza Senior Superintendent of Police (SSP) Titus Mutune and SSP John Chengo Masha who was in charge of the Administration Police (AP) in Kisumu Central Sub-county.

Others are Inspector of Police Linah Kogey who was in charge of the Nyalenda police post, Inspector Benjamin Koima of GSU who was in charge of a platoon deployed in Nyalenda, Benjamin Lorema who was in charge of officers deployed at the Nyalenda and Kachok roundabouts.

"Being directly in charge of officers deployed in Nyalenda and Kachok roundabout, knowingly or having reasons to know that the officers under your effective authority and control were committing or were about to commit crimes committed within your effective responsibility and control, failed to take control of all necessary and reasonable measures within your powers to prevent or repress the killing of baby Samantha Pendo by the said officers deployed under your effective authority and control," the charges read in part.

They also face charges of murder as a crime against humanity under section 6 (1) (b) as read with section 6 (3) (a) and section 7 (1) of the International Crimes Act of 2008 laws of Kenya and Article 28 (b) of the Rome Statute of the International Criminal Court.

They also face charges of torture and rape as crimes against humanity under the same statutes where they are accused of failing to stop their juniors from torturing residents and committing widespread rape of civilian women.

They face the charges of failure to submit their juniors to competent authorities for investigations after committing the crimes.