Chief Justice Martha Koome risks being taken to the International Criminal Court (ICC) over how the judiciary is handling cases.
Kisumu Governor Any'ang' Nyong'o has threatened to write to the ICC over the pace at which the judiciary is resolving the case involving Baby Pendo, who was murdered by the police during the 2017 elections.
According to Nyong'o, under the Rome Statute, to which Kenya is a signatory, the ICC has the right to intervene if it determines that Kenya is either unable or unwilling to deliver justice in cases of severe human rights violations.
"We may be forced to write to the ICC to intervene should the local courts continue to delay the cases, because justice delayed is justice denied," Nyong'o stated.
Rogue police officers stormed the house of Baby Pendo's parents during the 2017 general elections and struck her skull with a rungu, leading to her death.
Seven years later, the case is still stalled in court, leaving the family to continue seeking justice.
Although 12 police officers were arrested in connection with the murder and charged with murder and crimes against humanity, as recommended by the DPP, no further action has been taken since their arrest, as the case is repeatedly postponed, delaying justice for seven years.
"On Thursday, I read with consternation media reports that the highly anticipated plea-taking by the 12 officers failed to take place for the third time. Without any prejudice, I wish to state that the reasons given for the aborted plea-taking are not convincing and appear to be mere scapegoats. We are being told that the plea could not take place because the judge handling the case has been transferred," Nyong'o continued.
The governor called on Chief Justice Martha Koome to take up the case and ensure it progresses with the urgency it deserves. Koome was urged to urgently investigate why the high-profile case was being delayed on flimsy grounds while the suspects walked free and continued to enjoy the benefits of their employment with the police service.
Speaking in an interview with the BBC on Thursday, January 17, Joseph Oloo Abanja and Lensa Achieng, the parents of Baby Pendo, expressed the unending pain they felt from losing their daughter and not receiving the justice they deserve.
One of the family's lawyers, Willis Otieno, told the BBC that the delay was due to a lack of political will to deliver justice to victims of election violence.
"The state is no longer interested in prosecuting the perpetrators, and it is now left to victims' counsel – those of us who work with non-governmental organisations and human rights groups – to put pressure on the authorities for the charges to be registered and the accused persons to go to trial," Mr Otieno told the BBC.
