Director of Public Prosecution ,DPP ,Noordin Haji has recommended that 12 police bosses, including a commissioner be charged with serious crimes over an array of crimes including the death of Samantha Pendo, also known as Baby Pendo, in 2017 in Kisumu.
Baby Pendo was killed by anti-riot police during a confrontation with demonstrators who protested presidential results announcing that President Uhuru Kenyatta had won a second term against ODM leader Raila Odinga.
Baby Pendo was clobbered to death as police officers raided her parents’ home Nyalenda.
A post-mortem done by government pathologist revealed that baby Pendo suffered an open cracked scalp with deep head injuries in the attack.
The officers to face the charges include a commissioner of police, senior superintendent of police, an assistant superintendent, a chief inspector, an inspector, six inspectors of police, a senior sergeant and one sergeant.
While the identities of the suspects have not been revealed, DPP Haji said the attacks were committed by and under the authority of senior national police officers, who apart from murder of Baby Pendo, committed other offences such as torture, rape and sexual violence.
These crimes were committed in Kisumu between August 11 and 15, 2017, just after the General Election, in Nyalenda, Nyamasaria, Kondele and Obunga.
Mr Haji in a statement today said, “The ODPP was of the opinion that the concept of superior or command responsibility must be exploited for the first time in Kenya’s history.”
The investigations were undertaken by the Independent Policing and Oversight Authority (IPOA) with the assistance of the Kenya National Commission on Human Rights and civil society organizations.