Since the violent aftermath of Kenya's 2017 elections, a case involving the death of Baby Pendo has yet to begin in court.
Baby Pendo died after she was allegedly hit by a blunt object as anti-riot police officers pursued protesters in their Manyatta compound in Kisumu.
Speaking in Nairobi on Wednesday, UTU WETU TRUST Executive Director Yvonne Oyieke said the court must put the responsibility solely on the police commanders who were commanding the stations.
“They are the people who should be arrested because they are the ones who were directing the junior officers where and how to repel the protests that happened in 2017,” Oyieke said.
She said Kenyans feel frustrated by rampant impunity orchestrated by law enforcement officers.
“We have a delay in the arrest of the 11th suspect in the case. We are having delays from the prosecution, and we are yet to even take plea in this case,” she said.
“The survivors are growing desperate, and their families are losing hope in the case.”
The Programmes Associate Leah Aoko said the delays and lack of seriousness are delaying the administration of justice in the Baby Pendo case.
“It’s frustrating! If we do not have a turnaround, it will spill over to someone’s doorstep, and that’s when they will take the cases seriously,” she said.
She said the command responsibility is the most effective way of handling the case since the officers are having a back and forth.
“During the inquest, they found that the officers were responsible, and when they were given the opportunity, it’s like they told each other not to mention any names,” she said.
According to UTU WETU, deferring plea-taking is a major disappointment to several survivors and the victim's families.
“To circumvent this kind of challenge, we need to go to their commanders. Officers go out on orders because it is part of their job. These people were in charge of police stations, and some of them refused to assist the survivors," Oyieke said.
WHERE IS HE?
The Director of Public Prosecutions had in October 2022 approved murder charges against 12 police commanders.
They include Titus Yoma, Titus Mutune, John Chengo, Linah Kogey, Benjamin Koima, Benjamin Lorema, Volker Edambo, Cyprine Robi, Josphat Sensira, Mohammed Ali Guyo, Mohammed Baa and James Rono.
They are facing 47 counts of crimes against humanity, including murder, torture, and rape. The offences were allegedly committed during the 2017 post-election violence in Kisumu.
In October 2022, the court directed that all the accused appear in court for plea taking. All were present except the 11th suspect - Mohammed Baa.
“Consequently, the DPP has instructed me to inform the court that all suspects must be present during the plea taking. We urge the court to issue a fresh warrant of arrest against Baa, who is still at large,” the prosecution said.
But despite the issuance of warrants of arrest for Baa, the police have failed to produce him in court.
On October 3, 2024, the court issued another warrant after the prosecution claimed that the accused was still missing and that they were in search of him.
This heartbreaking case has drawn national attention due to the innocence of the victim and the questions surrounding police conduct.
The delayed justice has left the family and the public awaiting accountability and closure.
The court has set a fresh date of November 5, 2024, for plea-taking when Baa is expected to be produced in court in compliance with the arrest warrants.
One of the post-election violence survivors, Elizabeth Atieno, asked the court to act swiftly on the Baby Pendo case immediately after it was deferred.
“I remember leaving court that day feeling utterly defeated. What about the families waiting nearly eight years for this case to begin? Some survivors have already passed away, never seeing their day in court. Yet their families continue to hope, wait, and believe justice will be served someday,” she said.
“When the DPP requested a one-month extension, I felt an overwhelming urge to scream. How can one missing officer stall the entire process for the other 11 suspects?”
The DPP’s argument was that the nature of the charges requires that all suspects plead to the charges at the same time.
Atieno, however, said the survivors are growing desperate, and their families are losing hope.
“I hope that the arrest warrant issued for this officer will finally be acted upon and that he will be brought to court. I am being too hopeful with this? Kenya has a history of institutionalised violence that allows the very officers sworn to protect us to become the perpetrators of our misery and death. Each statistic of police brutality hides real people, real stories,” she said.
