Rights groups decry injustice as charges against 8 officers in Baby Pendo case dropped

Human rights groups have condemned the decision by the Office of the Director of Public Prosecutions (ODPP) to drop charges against eight of the twelve police officers implicated in the high-profile killing of baby Samantha Pendo in Kisumu's Nyalenda slums in 2017.

This comes after the ODPP reviewed the case on Monday and approved charges against only four of the accused individuals, with charges against the remaining suspects being dropped.

In a joint statement, Amnesty International Kenya, Utu Wetu Trust, the International Justice Mission and the Police Reforms Working Group denounced the ODPP's move, noting that the decision came after multiple efforts were made by lawyers representing the police officers and the DPP to delay plea taking against the 12 officers.

"The latest twist follows no less than 10 applications by the accused police officers' defence counsel and the DPP to defer plea-taking against the original twelve officers," the joint statement reads.

"The consistent attempts to defer or stall proceedings in this case so far have betrayed the interests of victims and the public."

Further, the human rights groups claimed that the charge sheet was amended without involving the Independent Policing Oversight Authority (IPOA), which is 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," the groups said.

Charge sheet made public

The groups also raised concerns about the public release of the charge sheet, highlighting that it contains the names of victims and witnesses, potentially exposing them to harm and jeopardising the case against the four officers.

"We call on all parties and the media to redact the names of the victims and witnesses in further proceedings and reporting," the groups said.

"All measures must be taken by both state and non-state actors 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."

Additionally, the human rights groups urged the Judiciary to expedite the case against the four officers who took a plea on Monday.

"The victims and families of Baby Pendo and the many others who suffered in the hands of police officers urgently deserve justice and reparation to have closure and move on with their lives," they said.

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