Court Issues Fresh Directives on Baby Pendo Case After Judge Transfer

Photo of Baby Pendo who died in 2017.
Photo of Baby Pendo who died in 2017.
The Standard

A case in which 12 police officers were set to appear before the High Court for plea-taking in the case of baby Pendo who was killed during anti-government protests in Kisumu in 2017 has yet again failed to take off.

This is after Justice Lilian Mutende, who was supposed to handle the case, was transferred to another workstation in the judicial transfers conducted in December last year.

The High Court has consequently postponed the plea-taking to January 29 where the 12 officers are set to appear before Justice Margaret Muigai to plead to the charges of murder.

Willis Otieno, one of the lawyers appearing for Baby Pendo, had earlier expressed hopes that the case would pick up and justice be rendered to the parents after a seven-year wait. 

Police deployed in Nairobi on Thursday ahead of Nane Nane protests.
Police deployed in Nairobi on Thursday ahead of Nane Nane protests.
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Alinur Mohammed

''Those responsible for these heinous acts, whether by command or execution, will be held accountable. The days of impunity are over, no one is above the law. On 15th January, we return to court to face the commanders who oversaw the brutal killing of Baby Pendo,'' Otieno shared.

''Let this be a clear signal: the pursuit of justice is relentless, and accountability is inevitable. To the authorities: remember, the wheels of justice may grind slowly, but they grind exceedingly fine,'' he added.

The case is likely to spark legal and public debates depending on the outcomes when the case will be heard later this month.

Recently, Justice Jairus Ngaah of the High Court ruled that the Inspector General of Police can be sued and be criminally liable for orders acted on by their juniors.

This has the implication that should the 12 officers be found guilty, then the parents of the baby can institute further criminal proceedings against the IG and his office for the offences committed by the officers.

Baby Pendo succumbed to injuries during the 2017 post-election protests when the 12 officers are reported to have hit her on the head after they stormed her parents' house in Nyalenda slums, Kisumu.

Following the incident, her mother, Lancer Achieng' revealed that the officers broke the door and started hitting her husband with a baton, and then moved on to her although she was holding a baby.

The charges against the officers were instituted under the International Crimes Act, 2008 considering the role played by each of the suspects on the basis of the international law principle of superior responsibility.

A police officer chases protesters away in a past incident
A police officer chases protesters away in a past incident
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