In a statement shared on Thursday, July 25, 2024, Irungu Houghton, Amnesty International Kenya’s Executive Director, announced that High Court Judge Kanyi Kimondo declared that 11 police commanders and officers have a case to answer in the tragic case of Baby Samantha Pendo.
According to Houghton, these officers face charges of 47 crimes against humanity, including murder, torture, and rape.
“Amnesty International Kenya welcomes the ruling by High Court Judge Kanyi Kimondo that 11 Police Commanders and Officers have a case to answer in the case of Baby Samantha Pendo. The officers are being charged with 47 crimes against humanity, including murder, torture, and rape,” Houghton said.
The case dates back to 2017 when police raided Nyalenda Kilo in Kisumu during post-election protests. Baby Pendo’s mother, while fleeing teargas, encountered police brutality.
Tragically, 6-month-old Baby Pendo was killed during the raid.
According to Amnesty International, the inquest began in 2019, aiming to hold senior officers and others accountable for their actions.
The Amnesty boss further said that in 2022, the Office of the Director of Public Prosecutions (ODPP) charged 12 police bosses under the International Crimes Act, which incorporates the Rome Statute into Kenyan law.
Houghton stated that today’s ruling confirms Kenyan courts have jurisdiction over the case according to local laws, despite constitutional petitions challenging the charges.
“In 2022, the ODPP charged 12 police bosses under the International Crimes Act that domesticated the Rome Statute in Kenyan law. Despite attempts to contest these charges through several consolidated constitutional petitions, today’s ruling affirms the jurisdiction of Kenyan Courts to hear the case in accordance with Kenyan laws and procedures and not the procedures used by ICC,” he said.
“This decision is a crucial step towards justice for all victims of the 2017 post-election violence.”
He further reported that the judge dismissed claims that the ODPP had been influenced by NGOs to file the charges against the officers.
Additionally, the judge renewed a warrant of arrest for an officer who had consistently failed to attend court.
